IV. ENVIRONMENTAL IMPACT ANALYSIS D. LAND USE AND PLANNING

IV. ENVIRONMENTAL IMPACT ANALYSIS D. LAND USE AND PLANNING INTRODUCTION This section of the (Draft EIR) addresses the subject of land use with respect to the proposed Lifeguard Headquarters and Public Restrooms Including Main Beach Lift Station Project (Project or proposed Project) and includes an analysis of the potential land use impacts based on consistency with applicable land use policies of the agency with jurisdiction over the Project site. In addition, the potential cumulative land use impacts of the proposed Project in combination with all known related projects are analyzed in this section. METHODOLOGY CEQA requires an analysis of consistency with plans and policies as part of the environmental setting (State CEQA Guidelines, Section 15125). An EIR uses the policy analysis as an indicator of the resources that might be affected by a project and considers the importance a policy gives a resource in determining the significance of the physical impact. Conversely, the EIR considers the potential significance of the related physical impacts when analyzing a particular policy. Inconsistency with a policy may indicate a significant physical impact, but the inconsistency is not itself an impact. Using this approach, this Draft EIR provides a detailed analysis of policies of the General Plan and analyses of other applicable plans and other local land use policies so that the decision-makers may determine Project consistency. According to the General Plan Guidelines published by the State Office of Planning and Research, An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment. Therefore, the standard for analysis used in the EIR is based on general agreement with the policy language and furtherance of the policy intent (as determined by a review of the policy context). The determination that the proposed Project is consistent or inconsistent with the General Plan policies or other City plans and policies is ultimately the decision of the City of Laguna Beach. This land use evaluation assesses the consistency of the proposed Project with the federal and state regulatory requirements as well as the local policies set forth by the City of Laguna Beach within the Laguna Beach General Plan (General Plan), the Laguna Beach Downtown Specific Plan (DSP), and the Laguna Beach Municipal Code (LBMC). In addition to federal, state, and local requirements, the thresholds of significance as outlined in Appendix G, Environmental Checklist Form, of the State CEQA Guidelines are utilized for this analysis. Page IV.D-1

ENVIRONMENTAL SETTING Existing Project Site and Surrounding Land Uses As discussed in Section II, Environmental Setting, of this Draft EIR, the Project site is located along the central coast of Orange County, within the City of Laguna Beach (City). The Project site is west of North Coast Highway, with Cliff Drive further to the north and Broadway to the south. The Project site is primarily situated on the highly disturbed and developed landscaped portion of Main Beach Park, where Main Beach Park connects to Heisler Park via a winding walkway. The Project site spans Assessor Parcel Numbers (APN) 496-021-05, -06, -07, -08, -09, -10, -11, -12, -13, 644-017-07 and -08. The property parcels total approximately 355,655 square feet (approximately 8 acres) with an approximate Project development area of 15,000 square feet (approximately 0.34 acre). The Project site is currently developed with two existing structures, including the existing Lifeguard Headquarters Facility and Main Beach Public Restrooms, in addition to an existing Main Beach Lifeguard Tower located southeast of the existing buildings. The existing on-site facilities are in poor condition, out of date and too small to meet the current safety needs of the Marine Safety Operations. The public view deck/roof of the Lifeguard Headquarters Facility was closed to the public in 2001 on the advice of a structural engineer, thus creating an unusable space, public safety hazard and emphasizing the Lifeguard Headquarters Facility s poor condition. The Main Beach Public Restrooms are over 30 years old and are also in need of replacement. The existing Lifeguard Headquarters is built over a functioning sewer lift station and a storm drain that discharges directly onto the sandy portion of the beach. Periodic sewage odors have been reported in the past from within the existing Lifeguard Headquarters Facility building. The proposed Project would include the reconstruction of the existing sewer lift station in close proximity to the existing location on the Project site. The Project site is bounded by 120+ feet of North Coast Highway on the north, 130+ feet of elevated bluff-top area on the west adjacent to the Inn at Laguna Beach, 120+ feet of shoreline along the Pacific Ocean on the south, and various recreational, boardwalk, lawn and park improvements on the east. The existing development at the Project site abut the seaside bluff and is overshadowed by the highly developed seaside bluff, the existing on-site landscaping including palm trees and a pine tree, as well as the adjacent three-story Inn at Laguna Beach. The Project site is between Main Beach and the three-story Inn at Laguna Beach. Main Beach is considered a unique feature of the Central Business District (CBD). Main Beach is the community s most visible and heavily-used public space. This beach supports the 8.16 acre Main Beach Park which includes a wide beach, a grassy area, a boardwalk with benches, volleyball and basketball courts, picnic tables, and children's play area. The Project development area does not support an area of highly valuable tide pools and is not located within or adjacent to any tide pools or wildlife habitat areas. Although tide pools are known to occur at certain locations along beaches within the City, none are located on the proposed Project site; the nearest tide pools are 500 feet southwest near Bird Rock. Page IV.D-2

Main Beach is between Heisler Park to the northeast and Brown s Park to the southeast, and is one of two locations where Coast Highway is the same elevation as the beach, which allows motorists a whitewater view from Coast Highway. The three-story Inn at Laguna Beach (Inn) is perched atop the seaside bluff that the Project site backs up against. To the north of the Project site along the inland side of North Coast Highway are primarily commercial uses such as office, restaurant, hair salon, art gallery, and gas station/mini market. Photographs of the Project site and surrounding land uses are shown in Figures II-4 though II-9, in Section II, Environmental Setting, of this Draft EIR. Land Use Designation and Zoning As shown in Figure IV.D-1, Generalized Land Use, the entire Project site is designated as Public Recreation and Parks under the General Plan. Lands designated for public recreation are those owned and maintained by the City, County or State and developed for active or passive recreational activity. These park facilities are distributed throughout the community, with neighborhood parks principally serving the needs of local residents and oceanfront beach parks performing a more regional function. 1 Combined with public beaches, public recreational areas in Laguna Beach total approximately 99 acres, including 14.7 acres of ocean front parks, 47 acres of sandy beach, 7.3 acres of neighborhood parks, and 25 acres of outdoor recreational facilities provided by the Laguna Beach Unified School District. Collectively, these recreational facilities represent a park-to-population ratio of 4 acres per 1,000 people. 2, 3 The Project site is within the DSP and is currently zoned as Central Business District Public Parks (CBD Public Parks) (refer to Figure IV.D-2, Zoning Map). The CBD Public Parks District covers the southwestern area of the DSP. Main Beach Park, which lies between Cliff Drive to the west and Laguna Avenue to the east Heisler Park, and Jahraus Park. Land use and zoning designations of surrounding properties are depicted on Figures IV.D-1 and IV.D-2 below. General Plan land use designations of neighboring parcels include Public Recreation and Parks, Commercial/Tourist Corridor, Central Business District, Local Business/Professional, and Village High Density. Surrounding zoning designations include: Central Business District, Visitor Commercial (CBDV), Central Business District, Multi-Family (CBDMF), Central Business District, Public Parks (CBDP), and Residential Low Density (R-1). 1 2 3 City of Laguna Beach General Plan, Land Use Element, Section 7: Land Use Plan Map, B. Land Use Categories, Public Recreation and Parks. Ibid, Land Use Element, Section 5: Existing Land Use, Public Recreational Lands. Per the Open Space and Conservation Element of the Laguna Beach General Plan, the City s standard for park dedication is five acres per 1,000 persons. Page IV.D-3

REGULATORY SETTING The Project site is subject to the applicable policies and zoning requirements of several State, regional and local plans; there are no federal policies and/or mandates related to land use. Therefore, as noted above, in addition to the thresholds of significance outlined in Appendix G, Environmental Checklist Form, of the State CEQA Guidelines, the local policies and guidelines associated with land use as defined by the State of California and the City of Laguna Beach will be utilized for this analysis. At the state and regional level, development within the Project site is subject to the California Coastal Act, the Southern California Association of Governments Regional Comprehensive Plan, the South Coast Air Quality Management District s 2003 Air Quality Management Plan and the Orange County Congestion Management Program. At the Citywide scale, development within the Project site, as previously noted, is subject to the General Plan, the LCP, the DSP, and the LBMC. An overview of each of these plans is provided below. State and Regional Plans and Requirements The Project site is located within the California Coastal Zone, which is regulated by the California Coastal Commission. In addition, the site is within the planning area of the Southern California Association of Governments (SCAG), which is the Southern California region s federally-designated metropolitan planning organization that prepares the Regional Comprehensive Plan and Guide (RCPG) in order to address issues of regional growth. The Project site is also located within the jurisdiction of the South Coast Air Quality Management District (SCAQMD), which formulates and implements air pollution control strategies for the region, and the Orange County Transportation Authority (OCTA), which is the designated congestion management agency responsible for coordinating regional transportation policies. The California Coastal Act of 1976 The Project site is located within the California Coastal Zone which was established pursuant to the Federal Coastal Zone Management Act of 1972 and the California Coastal Act of 1976. These Acts require that planning and development within the Coastal Zone be consistent and compatible with the unique characteristics of coastal resources. To implement these principals, the California Coastal Act establishes several basic goals, including the following: To protect, maintain, enhance and where feasible, restore the overall quality of the Coastal Zone Environment; To assure balanced utilization of Coastal Zone resources; To maximize public access for coastal-dependent development over other development; and To encourage State and local efforts to coordinate planning for mutually beneficial uses. Page IV.D-4

To implement these goals, the California Coastal Act establishes the California Coastal Commission as a permanent state coastal management and regulatory agency with the duties of assisting coastal communities in the preparation of Local Coastal Programs (LCPs) and reviewing and certifying the LCPs once they are adopted by local jurisdictions. LCPs are developed by local jurisdictions for that portion of the jurisdiction that falls within the Coastal Zone. Each local government along with the Coastal Commission is responsible for incorporating these policies into its own LCP. LCPs consist of a land use plan, zoning ordinances, and other implementing actions. After certification, the Coastal Commission's regulatory authority over most development is delegated to the local government. However, the Coastal Commission retains permanent jurisdiction over the immediate shoreline. A discussion of the City of Laguna Beach s LCP is included in the Local Plans and Requirements discussion below. Southern California Association of Governments Regional Comprehensive Plan and Guide The Project site is located within the six-county region, which comprises the Southern California Association of Governments (SCAG) planning area. SCAG is a Joint Powers Agency with numerous roles and responsibilities relative to regional issues that cross jurisdictional boundaries. Included in SCAG's responsibilities is the preparation of the Regional Comprehensive Plan and Guide (RCPG) 4 in conjunction with its constituent members and other regional planning agencies. The RCPG was adopted in 1994 (amended in 1996) by the member agencies of SCAG to set broad goals for the Southern California region and identify strategies for agencies at all levels of government to use in guiding their decision-making with respect to the significant issues and changes, including growth management, that can be anticipated by the year 2015 and beyond. In addition, the RCPG proposes a strategy for voluntary use by local governments, which will assist them in addressing issues related to future growth and in assessing the potential impacts of proposed development projects within the context of the region. The RCPG includes input from each of the 13 subregions that make up the Southern California region, comprised of Orange, Los Angeles, San Bernardino, Riverside, Imperial and Ventura Counties. The Project site is located within the Orange County Subregion. The RCPG includes five core chapters (Growth Management, Regional Mobility, Air Quality, Water Quality, and Hazardous Waste Management), which respond directly to the federal and state requirements placed on SCAG and form the basis for certification of local plans. Ancillary chapters within the RCPG (Economy, Housing, Human Resources and Services, Public Finance, Open Space and Conservation, Water Resources, Energy, and Integrated Waste Management) reflect other regional plans but are strictly advisory and establish no new mandates or policies for the region or the local governments. Adopted RCPG polices related to land use are contained primarily in Chapter 3, Growth Management. The 4 The RCPG is in the process of being updated and a draft Regional Comprehensive Plan (RCP) (2008) has been prepared, but as of the release of this Draft EIR, has not been adopted. Page IV.D-5

purpose of the Growth Management Chapter is to present forecasts which establish the socio-economic parameters for the development of the Regional Mobility and Air Quality Chapters of the RCPG, and to address issues related to growth and land consumption by encouraging local land use actions which could ultimately lead to the development of an urban form that would help minimize development costs, save natural resources, and enhance the quality of life in the region. Specific policies of the Growth Management Chapter are divided into four main categories: (1) growth forecasts; (2) improving the regional standard of living; (3) maintaining the regional quality of life; and (4) providing social, political and cultural equity. Growth Management policies which are pertinent to the proposed Project are provided in Table IV.D-1, Regional Comprehensive Plan and Guide Consistency Analysis, at the end of this section. Page IV.D-6

Locust Street Jasmine Street Holly Street Monterey Drive Aster Street Poplar Street High Drive Linden Street Magnolia Drive Cypress Drive Third Street 0 300 600 900 1,200 Cliff Drive Cliff Drive Coast Highway Broadway Ocean Avenue Forest Avenue Feet Park Avenue Legend Project Site Generalized Land Use Central Business District Commercial/Tourist Corridor Local Business/Professional Public/Institutional Public Recreation and Parks Residential/Hillside Protection Village High Density (15-22 DU/Ac) Village Low Density (3-7 DU/Ac) Village Medium Density (8-14 DU/Ac) Laguna Avenue Legion Street Source: City of Laguna Beach and Christopher A. Joseph & Associates; December 2008. Figure IV.D-1 Generalized Land Use

Locust Street Jasmine Street Holly Street Monterey Drive Aster Street Poplar Street High Drive Linden Street Magnolia Drive Cypress Drive 0 300 600 900 1,200 Feet Legend Project Site Zoning Districts C1 Local Business District Civic Arts District CBD-1 (Resident Serving) CBD-2 (Downtown Commerical) CBD Multi-Family District CBD Office CBD Visitor Commercial CDP Public Parks Institutional OS\C Open Space\Conservation R1 Residential Low Density R2 Residential Medium Density R3 Residential High Density RHP Residential Hillside Protection Cliff Drive Cliff Drive Coast Highway Broadway Ocean Avenue Forest Avenue Laguna Avenue Third Street Park Avenue Legion Street Source: City of Laguna Beach and Christopher A. Joseph & Associates; December 2008. Figure IV.D-2 Zoning Map

2008 Regional Comprehensive Plan (RCP) The 2008 RCP is a guidance document that was developed in response to SCAG s Regional Council directive in the 2002 Strategic Plan to develop a holistic, strategic plan for defining and solving the region s inter-related housing, traffic, water, and air quality challenges. The 2008 RCP incorporates input from the RCP Task Force, SCAG s policy committees and subregions, local governments, and other key stakeholders. The 2008 RCP defines a vision for the SCAG region that includes balancing resource conservation, economic vitality, and quality of life. It also provides a long-term planning framework that describes comprehensive responses to growth and infrastructure challenges and recommends an Action Plan targeted for the year 2035. The 2008 RCP does not mandate integrated resources planning; however, SCAG does request that local governments consider the recommendations set forth on the RCP in their General Plan updates, municipal code amendments, design guidelines, incentive programs, and other actions. In September 2008, SCAG accepted the RCP as a reference document, but did not adopt its policies. SCAG has recommended that environmental documents continue to analyze projects per the policies in the 1996 RCPG. South Coast Air Quality Management Plan The Project site is located within the South Coast Air Basin and therefore is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). In conjunction with SCAG, SCAQMD is responsible for formulating and implementing comprehensive air pollution control strategies and programs. SCAQMD has responded to meet federal and State requirements by preparing a series of Air Quality Management Plans (AQMPs). The most recent of these was adopted by the Governing Board of the SCAQMD on June 1, 2007. The 2007 AQMP was prepared to comply with the Federal and State Clean Air Acts and amendments, to accommodate growth, to reduce the high levels of pollutants in the Basin, to meet federal and State air quality standards, and to minimize the fiscal impact that pollution control measures have on the local economy. Section IV.C, Air Quality, of this Draft EIR provides a discussion of the applicable AQMP policies and the proposed Project's conformance with such policies. Congestion Management Program Within Orange County, the Orange County Transportation Authority (OCTA) is the designated congestion management agency responsible for coordinating regional transportation policies. The Congestion Management Program (CMP) for Orange County was developed in accordance with Section 65089 of the California Government Code. The CMP is a State-mandated program enacted by the State legislature to address the increasing concern that urban congestion is affecting the economic vitality of the State and diminishing the quality of life in many communities. As a new approach to addressing congestion concerns, the CMP was created to: 1) link land use, transportation, and air quality decisions; Page IV.D-9

2) develop a partnership among transportation decision makers on devising appropriate transportation solutions that include all modes of travel; and 3) propose transportation projects which are eligible to compete for State gas tax funds. The CMP, as adopted in 1992 and last updated in November 2003, includes a system of highways and roadways with minimum level of service (LOS) standards, transit standards, a trip reduction and travel demand management element, a program to analyze the impacts of local land use decisions on the regional transportation system, a seven-year capital improvement program, and a countywide computer model to evaluate traffic congestion and recommend relief strategies and actions. The CMP incorporates procedures for meeting deficiency plan requirements, or strategies that mitigate or improve congestion and air quality. Proposed projects that have the potential to affect the designated CMP network (mostly main-line freeway segments) are required to identify and mitigate their adverse effects on the network. Impacts to the Orange County designated CMP network are discussed in Section IV.A, Impacts Found to be Less Than Significant, of this Draft EIR, under heading Transportation and Traffic. Local Plans and Requirements The Project site is located within the City of Laguna Beach and is subject to the development regulations and policies set forth in the Laguna Beach General Plan (General Plan), Laguna Beach Downtown Specific Plan (DSP), the Laguna Beach Municipal Code (LBMC), and the Laguna Beach Local Coastal Program (LCP). Laguna Beach General Plan California State law (Government Code Section 65300) requires that each city prepare and adopt a comprehensive, long-term general plan for its future development. This general plan must contain seven elements, including: land use, circulation, housing, conservation, open space, noise and safety. Of these, State law mandates that the land use element must correlate with the circulation element. In addition to these, State law permits cities to include optional elements in their general plans, thereby providing local governments with the flexibility to address the specific needs and unique character of their jurisdictions. California State law also requires that the day-to-day decisions of a city follow logically from and be consistent with the general plan. More specifically, Government Code Sections 65860, 66473.5 and 65647.4 require that zoning ordinances and subdivision and parcel map approvals be consistent with the general plan. The Laguna Beach General Plan is a comprehensive, long-range declaration of purposes, policies and programs for the development of the City. The General Plan is a dynamic document consisting of eight elements, including: 1) Land Use; 2) Housing; 3) Transportation, Circulation and Growth Management; 4) Historic Resources; 5) Human Needs; 6) Noise; 7) Safety; and 8) Open Space/Conservation. Elements of the General Plan establish policies to maintain and enhance the character of the City. Page IV.D-10

In addition to the General Plan, the City also has several applicable resource documents, which include the following: the Landscape and Scenic Highways Resource Document (May 1995), which provides policy discussion and guidance for the preservation and enhancement of the City s landscaped resources and scenic streets and highways, and the Design Review Informational Materials (June 2004), which guides site and structural development to encourage distinct community identity. Those policies listed in the resource documents that are applicable to the proposed Project are also included in the relevant General Plan Elements and therefore will be discussed in the General Plan Element consistency analysis. A discussion of the relevant General Plan Element policies regarding the proposed Project and an assessment of the proposed Project s consistency with those polices is evaluated in Table IV.D-2, Laguna Beach General Plan Consistency Analysis, at the end of this section. Laguna Beach Downtown Specific Plan Established pursuant to the authority of Article 9, Chapter 3 of Division 7 of the California Government Code, the DSP addresses the needs of the City s downtown in special focus, as the commercial, economic and social center of the community. Downtown Laguna Beach has distinct geographic areas that contribute to the diversity and character of the City as a whole. The intent of the DSP is to promote, preserve and enhance these areas by creating special Land Use Districts that provide for the particular land uses and development standards appropriate for each area. Amended in 2007, the DSP sets up goals and policies, Urban Design Guidelines, and development standards within each Land Use District. Land Use Districts and the associated development standards were created in the DSP to ensure the distinct areas within the downtown contribute to the diversity and character of the City. The goals and policies set forth the framework for the evaluation of development plans, public and private improvements and the implementing actions of the DSP. Importantly, the Urban Design Guidelines establish the goals and concepts for good design and provide the framework for the City's design review process. The development standards are intended to implement the goals and policies outlined in the DSP. The goals and policies, together with the Urban Design Guidelines and the Land Use District development standards, form the development regulations for the DSP area. The Land Use Districts, or zoning, established by the DSP divide the downtown into areas that support the existing development pattern. These districts are designated for resident-serving commercial, downtown commercial, visitor-serving commercial, civic and arts-related uses, office, multiple-family residential and public parks. As discussed in Section II, Environmental Setting, of this Draft EIR, the Project site is zoned Central Business District Public Parks (CBD Public Parks) under the DSP. Downtown Laguna Beach has historically served as the center of the City s business, civic, cultural, and other public activities and has come to represent the identity and heritage of the City. 5 Various goals and policies, as well as development standards, are included in the DSP that relate specifically to development within the CBD 5 Laguna Beach Downtown Specific Plan, as amended January 16, 2007. Page IV.D-11

Public Parks District. Furthermore, several goals and policies, Urban Design Guidelines, and general provision development standards relevant to all Land Use Districts are included in the DSP. All applicable DSP policies, along with an assessment of the Project's consistency with those policies, are included in Table IV.D-3, Laguna Beach Downtown Specific Plan Consistency Analysis, at the end of this section. Additionally, the applicable Urban Design Guidelines and development standards applicable to the CBD Public Parks Land Use District are outlined below. Urban Design Guidelines The Downtown Specific Plan Urban Design Guidelines are composed of written statements which articulate the City s basic design philosophy. As previously discussed, the Urban Design Guidelines establish the goals and concepts for good design and provide the framework for the City s design review process. A major emphasis of the Urban Design Guidelines is on the architectural form and detail of buildings, and on landscaping. Each project that requires Design Review, including the proposed Project, must be consistent with the policies. The following policies would apply to the proposed Project: 6 Site Relationships and Views: Require building mass, placement and setback relationships to be functionally and aesthetically compatible with their surroundings. Landscaping/Streetscape: Ensure that landscaping is an important part of overall site and building design and not merely treatment for leftover space. Trash, Storage and Equipment Areas: Require that outdoor areas for trash, storage or equipment area adequately screened from public view and located to minimize noise or odor impacts on surrounding areas. Courtyards: Encourage courtyards, other pedestrian areas and intimate pockets of activity separate from traffic areas to enrich the pedestrian experience. Building Height: Building heights in the downtown should be kept low in order to protect views of the surrounding hills, permit sunlight into the streets, and maintain the scale of the downtown. Scale and Compatibility: Require new buildings and renovations to have a pedestrian orientation and scale in order to be compatible with the existing village character. Materials: Encourage the use of high quality materials that are appropriate to a village character and integral with the architecture. Windows: Require ground level buildings to have sufficient areas of glass to give an open public character to the street in keeping with the pedestrian orientation of the downtown. 6 The individual design guidelines associated with the policies listed below are included in the Urban Design Guidelines section of the DSP. Page IV.D-12

Roofs: Encourage roof shapes which are consistent with the character of the building and which respond to adjacent buildings and views from the street. Colors: Promote building colors which are appropriate to the character and orientation of the building and which tie together the various elements of the building into a flattering whole in a manner compatible with adjacent buildings and the surrounding area. Building and Street Lighting: Encourage the design of building lighting that enhances the streetscape and facilitates nighttime use of the downtown by pedestrians. Signage Design: Require signs to contribute to the village atmosphere and to serve as symbols of quality for commercial establishments. The size, design and location of signs should primarily relate to pedestrians and slow moving, nearby traffic. Art Features: Create and maintain publicly- and privately-funded art features that are designed to enrich the City's quality of life, providing a sense of place and adding interest and vitality to the landscape. CBD Public Parks Property Development Standards The following Property Development Standards shall apply to all land and structures in the CBD Public Parks District: (1) Minimum Lot Dimensions: No Requirement (2) Building setbacks, building height, site coverage and landscaping requirements shall be determined for each development project and shall be consistent with the Downtown Design Guidelines of the DSP. DSP General Provisions The provisions within this section of the DSP shall apply to all Land Use Districts. The following provisions are applicable to the proposed Project: Lot Area and Dimension Standards: Parcels that exceed 5,000 square feet shall not be merged together for development purposes except for City-ownership projects; but development may occur on existing parcels that are in excess of 5,000 square feet. Open Space and Landscaping: Open space and landscaping shall be provided in accordance with the following requirements: (1) Projects which require Design Review approval by the Planning Commission, and which result in an expansion of building square footage, or which result in remodeling, repair or reconstruction of existing structures exceeding $10,000 in valuation of such work, may require landscape treatment which is deemed by the Commission to be consistent with Page IV.D-13

the Downtown Design Guidelines. Landscaping requirements shall include automatic irrigation systems and may also apply to existing surface parking areas. (2) All projects for new development and/or expansions to create more than 10 percent additional floor area shall provide open space and landscaping according to the following provisions: Lots less than 2,500 square feet: Provide ground to sky open space equal to 10 percent of the total lot area. Lots greater than 2,500 square feet: Provide open space equal to 25 percent of the gross floor area. Such open space shall be open to the sky and may be provided at both ground and upper levels. Open space calculations may include landscaping, courtyards, pocket parks, decks and other similar elements as approved by the Design Review Board. A minimum of 40 percent of the open space shall be vegetated. To qualify as open space for commercial development, courtyards, plazas and other pedestrian spaces must be open to the public and directly accessible from the public right-of-way. Landscaped areas must be visually or physically accessible from the public right-of-way. Additional Yard Area, Building Setback, Open Space and Coverage Standards: As previously stated above, the DSP Property Development Standard 2 identifies that building setbacks, building height, site coverage and landscaping requirements shall be determined for each development project and shall be consistent with the Downtown Design Guidelines of the DSP. Building Height Standards: A variety of building heights currently contributes to the unique character of the downtown. Many existing buildings are in excess of the following height standards and would be classified nonconforming. The mix of these nonconforming structures along with new construction that conforms to the height standards will preserve the diversity of building heights that presently exists in the downtown. Therefore, in order to protect the heritage and existing scale and character of the downtown with its diversity of building heights; preserve public views of the beach, ocean and hillsides; and maintain sufficient light, air and solar access to the streetscape, the following building height standards shall apply: (1) DSP Property Development Standard 2: Building setbacks, building height, site coverage and landscaping requirements shall be determined for each development project and shall be consistent with the DSP Downtown Design Guidelines. (2) Buildings shall provide a pedestrian orientation and scale consistent with the DSP Downtown Design Guidelines; incorporation of one-story elements and/or roofline variation into the project and the use of material changes, window variations and overhanging building elements to distinguish the upper floor from the ground floor may be necessary to achieve a desirable pedestrian orientation and scale. Page IV.D-14

Enclosed Uses: All permitted or conditional uses, except as otherwise authorized by the Planning Commission, shall be conducted entirely within an enclosed building. Space Between Buildings: No requirement, except as required by the Planning Commission or as specified in this document. Trash and Outdoor Storage Areas: (1) Areas for trash or outdoor storage shall be provided for each use, in a manner that is consistent with the Downtown Design Guidelines pertaining to trash, storage and equipment areas. Mechanical Equipment: No mechanical equipment such as tank ducts, elevator enclosures, cooling towers, mechanical ventilators, public utility vaults, transformers, meter boxes, backflow valves, air conditioning or heating units shall protrude through the allowable building height envelope. Neither shall such equipment be erected, constructed, or maintained or altered anywhere on the premises unless all such equipment and appurtenances are contained within a completely enclosed structure or within a portion of a building having walls or visual screening with construction and appearances similar to and integrated with the main building architectural design. Access and Improvement Standards: The provisions of Municipal Code Chapter 25.53 shall apply, except as modified in this Specific Plan. Historic Preservation There are approximately 65 structures in the Central Business District identified on the City s Historic Resources List that are eligible for placement on the City s Historic Register. Placement on the Register provides property owners with significant preservation incentives such as parking reduction, setback flexibility, building code deviations and density bonuses. Structures placed on the Historic Register are subject to the provisions and incentives set forth in the Historic Preservation Ordinance, established as Chapter 25.45 of the Municipal Code. Laguna Beach Municipal Code According to the Laguna Beach Municipal Code (LBMC), all development regulations pertaining to development in the downtown and CBD Public Parks District are located in the DSP. Supplemental applicable ordinances and sections outlined within the LBMC shall also apply to the DSP area, unless such standards are inconsistent with the provisions of the DSP, in which case the DSP shall apply. In addition to the development regulations outlined in the DSP, the following development standards are applicable to the proposed Project: Page IV.D-15

Title 21 (Plots and Subdivisions) Setback Lines and Yards Park Area Setback (LBMC 21.12.410) All building setback lines and all yards shall be as required by the zoning regulations of the DSP. Setback lines in park areas shall be established so as to control recreational use and building locations as determined necessary by the Planning Commission. (Ord. 1216 Section 2 (part), 1991). Laguna Beach Local Coastal Program As discussed in the General Plan s Land Use Element, almost the entire City is included in the coastal zone. 7 Only the 522-acre Sycamore Hills area, owned by the City and the abutting residential community, are excluded. This has created the need for close coordination between coastal planning and the City's General Plan. Because so much of the City is covered by the LCP, the Land Use Element Map is virtually identical geographically to the Coastal Plan Map and the issues and policies of both plans often overlap. As a result of the interrelationship between the plans, the LCP has been physically integrated into the Land Use Element and the Open Space/Conservation Element of the City s General Plan. Both Elements contain policies and development standards related to the LCP and are intended to implement the provisions of the California Coastal Act. This consolidation ensures consistency between the City's General Plan policies and coastal planning efforts. A discussion of the relevant General Plan policies regarding the proposed Project, as well as an assessment of the Project s consistency with those policies, is included in Table IV.D-2, Laguna Beach General Plan Consistency Analysis, at the end of this section. ENVIRONMENTAL IMPACTS Thresholds of Significance In accordance with guidance provided in Appendix G, Environmental Checklist Form, of the State CEQA Guidelines, and the City of Laguna Beach Initial Study Checklist the proposed Project could have a potentially significant land use impact if it would: (a) physically divide an established community; (b) conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; or 7 Laguna Beach General Plan Land Use Element, July 1998. Page IV.D-16

(c) conflict with any applicable habitat conservation plan or natural community conservation plan. As presented in Section IV.A, Impacts Found To Be Less Than Significant, of this Draft EIR, and the Initial Study, included as Appendix A of this Draft EIR, impacts associated with State CEQA Guidelines Thresholds (a) and (c) above were found to be less than significant in the Initial Study and are therefore not included in the impact analysis below. Therefore, only Threshold (b) for which the Initial Study disclosed potentially significant impacts will addressed in the impact analysis below. Project Details The proposed Project would entail reconstructing the existing Lifeguard Headquarters and Main Beach Public Restrooms into a consolidated one-story building with basement at the current location of the existing Lifeguard Headquarters to provide additional space for existing Marine Safety Operations as well as additional support facilities for Marine Safety Staff and visitors to Main Beach. The proposed Project would eliminate the Main Beach Public Restrooms building and return the seaside bluff and beach to a more natural condition. The Project would require the demolition of existing structures and grading and excavation to the extent necessary for construction of the Project. While the proposed Project would increase the overall size of the existing lifeguard facilities, the proposed facility would not result in an increase or decrease in staff. The reconstructed Lifeguard Headquarters would accommodate all lifeguard and public restroom facilities within the consolidated structure and would total approximately 6,772 square feet in size. To provide additional space for existing Marine Safety Operations the sewer lift station below the Lifeguard Headquarters Facility would be removed. The proposed Project would include the reconstruction of the Main Beach Lift Station in close proximity to the existing location on the Project site. By relocating the existing lift station the new roof level would be approximately the height of the existing Lifeguard Headquarters building. For a detailed discussion of the Project description, refer to Section III, Project Description, of this Draft EIR. Project Impacts and Mitigation Measures Impact LU-8(b) Consistency with Applicable Land Use Plans, Policies, or Regulations Southern California Association of Government s Regional Comprehensive Plan and Guide The Project site is located within the six-county region that comprises the Southern California Association of Governments (SCAG) planning area. Based on the amount of square footage associated with the Project, approximately 6,772 square feet, it would not meet SCAG s criteria for a regionally Page IV.D-17

significant project. 8 Therefore, an analysis of the Project with respect to the Regional Comprehensive Plan and Guide (RCPG) is not required. Although not identified as a regionally significant project by SCAG, the proposed Project would be generally consistent with adopted policies included in SCAG's RCPG (1996) that are related to land use as set forth in Chapter 3, Growth Management, as development of the proposed Project would work to implement regional growth policies designed to channel development into already developed areas that do not require major extensions of infrastructure and that could be growth-inducing. Additionally, the proposed Project would implement site improvements and design guidelines to ensure that the planned redevelopment within the existing developed Project site would not cause adverse environmental impacts. As shown in Table IV.D-1, Regional Comprehensive Plan and Guide Consistency Analysis, below, the Project would be generally consistent with policies set forth in this chapter. As the Project would not conflict with and would work to implement key regional policies applicable to the Project site and surrounding areas, no impacts would occur and no mitigation measures are required. Table IV.D-1 Regional Comprehensive Plan and Guide Consistency Analysis CHAPTER 3 - GROWTH MANAGEMENT (CM) Regional Quality of Life GM-13. Encourage plans that maximize the use of existing urbanized areas accessible to transit through infill and redevelopment. GM-16. Encourage developments in and around activity centers, transportation corridors, underutilized infrastructure systems, and areas needing recycling and redevelopment. Consistent. The proposed Project would reconstruct the existing Lifeguard Headquarters and Main Beach Public Restrooms into a consolidated one-story building with basement at the current location of the existing Lifeguard Headquarters and redevelop the onsite sewer lift station. The Project site is served by Laguna Beach Transit North and South shuttle routes and by the Orange County Transportation Authority routes 1 and 89, providing access for Project employees and visitors. Consistent. Implementation of the Project would include the reconstruction of the Project site in an existing urban area. In addition, the Project site is located adjacent to two Laguna Beach Transit shuttle routes that would provide access for Project employees and visitors. 8 SCAG considers a project to be regionally significant if it has a minimum of 250,000 square feet of commercial use or 500 residences. Page IV.D-18

Table IV.D-1 Regional Comprehensive Plan and Guide Consistency Analysis GM-18. Encourage planned development in locations least likely to cause adverse environmental impact. GM-22. Discourage development, or encourage the use of special design requirements, in areas with steep slopes, high fire, flood, and seismic hazards. GM-23. Encourage mitigation measures that reduce noise in certain locations, measures aimed at preservation of biological and ecological resources, measures that would reduce exposure to seismic hazards, minimize earthquake damage and to develop emergency response and recovery plans. Consistent. The Project would be developed on the site of the existing Lifeguard Headquarters and Main Beach Public Restrooms, at the current location of the existing Lifeguard Headquarters. As discussed in Sections IV.A (Impacts Found to Be Less Than Significant), IV.B (Aesthetics), IV.C (Air Quality), and IV.D (Land Use and Planning), implementation of the proposed Project would result in less-than-significant environmental impacts. Consistent. The Project site is located adjacent to an area subject to wave run-up and flooding hazards. However, the Project would be developed in accordance with all applicable development standards, in addition would be constructed at an elevation of +16 feet North American Vertical Datum (NAVD) 88 or + 14 above mean sea level, which is above the elevation required for protection from ocean or river flooding. The floor level of the consolidated building would be approximately one foot above the base flood elevation. The basement level would be completely water tight with interior stairways. Therefore, development of the Project would be consistent with this policy. Consistent. Mitigation measures associated with the development of the proposed Project would include measures to reduce construction noise, preserve biological and ecological resources, reduce exposure to seismic hazards, minimize earthquake damage, and develop emergency response and recovery plans. Source: Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996; and Christopher A. Joseph & Associates, September 2008. Page IV.D-19

Laguna Beach General Plan As previously discussed, the land use designation of the Project site under the General Plan is Public Recreation and Parks (PRP). The Project would be generally consistent with General Plan policies. Land Use, Open Space and Conservation, Safety and Transportation, Circulation and Growth Management Element policies to which the Project would conform are set forth below in Table IV.D-2, Laguna Beach General Plan Consistency Analysis. As such, impacts would be less than significant and no mitigation measures are required. Table IV.D-2 Laguna Beach General Plan Consistency Analysis LAND USE ELEMENT (LU) Community Facilities and Capital Improvements LU-2Q. New development shall be compatible or phased with the carrying capacity of the transportation network, public works systems and other municipal services. Consistent. The proposed facilities would not change the current land use of the site and would not create an increase in the number of employees at the site; therefore no increased automobile use is expected in the local area and no significant Level of Service (LOS) impacts would result. The Laguna Beach County Water District (LBCWD) currently serves the Project site with an 8-inch pipeline located in North Coast Highway, while all water is imported from the Metropolitan Water District of Southern California. The proposed Project would not require the expansion of existing water distribution facilities. Hazard Planning LU-3A. Ensure adequate consideration of environmental hazards in the development review process. Furthermore, gas, electricity, and other services would be provided by Southern California Edison (SCE), Southern California Gas Company and the local phone company to the Project via an underground distribution system and would not significantly impact the current carrying capacity. Consistent. All potential environmental hazards have been considered in the design process of the proposed Project and are addressed in Sections IV.A (Impacts Found to be Less Than Significant), IV.B (Aesthetics), and IV.C (Air Quality) of this Draft EIR. All impacts can be mitigated to less-than-significant levels. Page IV.D-20

Table IV.D-2 Laguna Beach General Plan Consistency Analysis LU-3E. Continue to ensure consideration of flood hazards when reviewing projects within the 100-year flood plain. Energy Conservation LU-5A. Promote the use of solar energy where feasible. LU-5C. Require, where feasible, all new buildings to be designed and oriented to take maximum advantage of sun and wind for natural heating and cooling. Urban Design LU-11A. Encourage building design which minimizes the scale, bulk and obtrusiveness of development, and require compatibility with the surrounding scale and type of development. Consistent: The Project site is located adjacent to FEMA Zone AE, which is designated as a 100-year flood plain, with a 1 percent chance of flooding annually. Therefore, in consideration of flood hazards, the floor level of the proposed structure would be approximately one foot above the base flood elevation. The basement level would be completely water tight with interior stairways, and would comply with all applicable development standards. Consistent. Project design would include the installation of skylights to increase the use of natural light and reduce the energy demands of the Project. The Project also includes 675 square feet solar photovoltaic panels which could provide approximately 10 percent of the electrical power, and 380 square feet of solar thermals panels that could provide all the hot water needs Consistent. The Project includes elements of passive solar design, through incorporating south-facing windows and skylights, and a vegetated rooftop, which will enable the Project to take maximum advantage of the sun and allow for natural heating and cooling of the facilities. The Project also includes 675 square feet of solar photovoltaic panels, which could provide approximately ten percent of the electrical power, and 380 square feet of solar thermals panels that could provide all the hot water needs Consistent. The Project would be within the same development area of the existing facilities and would essentially be the same height. The Project, a singlestory development with basement level, is surrounded by the three-story Inn at Laguna Beach to the west, and the multi-story building known as The Villa across North Coast Highway to the north. As such, the Project would not result in an obtrusive development in relationship to surrounding development. The proposed Project would conform to all applicable development regulations of the General Plan, DSP, and LBMC, which would ensure Project compatibility with surrounding scale and type of development. Page IV.D-21