MINUTES
LAGUNA BEACH CITY COUNCIL
SPECIAL HYBRID VIRTUAL/IN-PERSON MEETING
July 26, 2022
A Special Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, July 26, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Sue Kempf led the Pledge of Allegiance.
Councilmember Toni Iseman voiced concerns about not holding public communications at the beginning of the City Council Special meeting. City Attorney Phil Kohn stated that public communications was only required at Regular City Council meetings per the Brown Act. City Clerk Ann Marie McKay explained her decision to omit public communications and council and staff reports from the Special City Council meeting agenda.
1. ZONING ORDINANCE AMENDMENT 22-0932 AND LOCAL COASTAL PROGRAM AMENDMENT 22-0933 AMENDING PORTIONS OF THE LAGUNA BEACH
MUNICIPAL CODE PERTAINING TO THE REGULATION OF BUILDING HEIGHT,
MASS, AND BULK IN THE COMMERCIAL DISTRICTS AND DEVELOPMENT OF
A PARKING MASTER PLAN, AND DIRECTION REGARDING BALLOT MEASURE
POSITIONS
Staff Report: Director of Community Development Marc Wiener gave a presentation discussing modifications to the zoning ordinance pertaining to the regulation of building height, mass, and bulk in the commercial districts, and development of a parking master plan.
Questions of Staff: Councilmember George Weiss asked about the standard of open space for commercial developments. Director of Community Development Marc Wiener responded that the standard is 25% of the size of the building floor area. He explained and a discussion ensued
Councilmember George Weiss asked about the variance to break up the mass of a building larger than 125 feet street frontage if it looked as if it were separate buildings. Director of Community Development Marc Wiener discussed the standard of building facades.
Councilmember George Weiss asked about the participants involved in the process of amending the ordinance. Mayor Pro Tem Bob Whalen listed the individuals involved in the Laguna Beach City Council Minutes July 26, 2022
many discussions and he added that it had been a productive process. He suggested forwarding any additional ordinance amendments to the Planning Commission for further discussion.
Councilmember George Weiss addressed the table on page 10 of the Downtown Specific Plan (DTSP) regarding restaurants being allowed by right if no alcohol was served.
Councilmember Toni Iseman asked about formula-based restaurants.
Director of Community Development Marc Wiener stated that formula-based restaurants were allowed; however, he said that standards needed to be met and a discussion ensued.
Councilmember Toni Iseman voiced concerns about parking for business employees.
Councilmember Peter Blake confirmed with staff that the modifications to the ordinance would de-intensify uses in the commercial districts. He stated that he was concerned no businesses would come to Laguna Beach because costs were too high, disincentivizing small businesses, and strict standards would disallow large chains. Blake commented that it is vital to support resident-serving businesses. He asked about the need to return to the Planning Commission for additional comments.
Director of Community Development Marc Wiener responded to Councilmember Blake stating that if the ordinance were to go back to the Planning Commission, they would have additional modifications. He commented that these amendments were an improvement over the current code concerning regulating large-scale development and, in his opinion, these amendments were not too restrictive. A discussion ensued.
Councilmember Toni Iseman discussed the importance for a successful and vibrant downtown.
Mayor Pro Tem Bob Whalen stated the importance for all businesses to participate in a parking master plan.
Public Testimony: Gene Felder, Chris Catsimanes, Trish Sweeney, and Jacob Cherub supported the Laguna Residents First (LRF) ballot measure and they listed their reasons that staff's proposed ordinance required additional modifications.
Councilmember Peter Blake confirmed with the City Attorney that overturning the 36-foot height limit would be a lengthy and difficult process.
Councilmember Toni Iseman stated that she disagreed with Councilmember Blake, and she explained.
Morris Skenderian questioned the need for the modifications to the ordinance since the current ordinance addressed many of the elements of the Laguna Residents First (LRF) ballot initiative, and he explained.
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Laguna Beach City Council Minutes July 26, 2022
David Raber said he was disappointed that a compromise between LRF and the city could not be reached pertaining to the ordinance, and he agreed with Mr. Skenderian's remarks.
Joe Hanauer stated that the modifications to the ordinance were going in the right direction, and he supported it returning to the Planning Commission for further evaluation.
Questions of Staff: Mayor Pro Tem Bob Whalen confirmed with staff that the commercial development guidelines would be heard by the Planning Commission late August or early September.
Councilmember Toni Iseman asked for clarification of the commercial development guidelines. Director of Community Development Marc Wiener explained the proposed commercial development guidelines outside the downtown area.
Councilmember Toni Iseman confirmed with staff that the parking requirements for the Downtown Specific Plan were not being proposed to be amended as part of this ordinance.
Mayor Pro Tem Bob Whalen stated that recommendation number four in the staff report was a response to address parking concerns and he asked staff to explain. Director of Community Development Marc Wiener described recommendation number four's impact on the parking requirement.
Councilmember Comments: Councilmember Peter Blake stated that he supported the proposed amendments to the ordinance, and he did not support further vetting by the Planning Commission.
Councilmember George Weiss presented a comparison of the proposed ordinance modifications to the LRF ballot initiative. He stated that the recommended changes were lacking, and he did not support the proposed ordinance.
Mayor Sue Kempf commented on concerns being raised in the community and how staff were addressing those issues in the ordinance.
Mayor Pro Tem Bob Whalen discussed the timing of adoption of the proposed ordinance should it return to the Planning Commission for further vetting. He suggested including an absolute 36-foot height limit on the buildings provision. Whalen commented that he supported the proposed ordinance modifications.
Mayor Sue Kempf stated that the proposed ordinance had been thoroughly vetted and it could be adopted tonight without more Planning Commission input.
Councilmember George Weiss reiterated the reasons he supported the LRF ballot initiative and the need to protect Laguna Beach from overdevelopment because the current standards were inadequate.
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Laguna Beach City Council Minutes July 26, 2022
Councilmember Toni Iseman commented that the ordinance would be improved upon by further input from the Planning Commission. She voiced concerns about the parking master plan and confirmed from Mayor Kempf it would be introduced to the City Council around September 13.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried 3/2 to:
(1) Introduce the Ordinance, which modifies the development standards in the commercial zoning districts, with the added provision that no element of a new building will exceed the 36-foot height limit, by: 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a motion to waive further reading of the Ordinance and to pass it to second reading;
(2) Direct staff to prepare commercial development design guidelines for City Council review and consideration after Planning Commission review; (3) Direct staff to prepare an ordinance that would subject new businesses to the Parking Master Plan for City Council review and consideration; and (4) Direct staff to prepare a resolution for City Council review and consideration, after Planning Commission review, to modify the Downtown Specific Plan land use tables to require conditional use permits for all eating and drinking establishments in the Downtown.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
ADJOURNMENT
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There being no further business, Mayor Kempf at 7:25 p.m., Tuesday, July 26, 2022, adjourned to the Closed Session at 4:00 p.m. and the Regular Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on August 2, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: August 16, 2022 I thre
Sue Kempf, Mayo
Ann Marie McKay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
July 26, 2022
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The hybrid virtual/in-person Special Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, July 26, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 7:25 p.m., Tuesday, July 26, 2022, adjourned to the Closed Session at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, August 2, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
STATE OF CALIFORNIA
3) ss.
COUNTY OF ORANGE
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 27" day of July 2022.
Cul'k
Clerk of the City of Laguna Beach California
WNCORPORATS
I
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Special Meeting of the City Council held on Tuesday, July 26, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on July 27, 2022, at the hour of 9:30 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
CHUK
Clerk of the City of Laguna Beach, California