June 1, 2026
VIA Electronic Mail
City of Laguna Beach
Planning Commission
c/o Planning Manager
c/o City Clerk’s Office
505 Forest Avenue
Laguna Beach, CA. 92651
[email protected]
[email protected]
Re: Item #5.2 of June 3, 2026, Planning Commission Meeting Dear Planning Commission:
Public Law Center is a nonprofit organization providing free legal services to low-income individuals and families across Orange County, including housing law services. Our clients often constitute the individuals and families who reside in or qualify for lower-income housing. We write to encourage approval of Item 5.2 resolutions related to the affordable housing development at 340 St. Ann’s Drive (the “Project”).
Affordable Housing on Faith and Higher Education Lands Act of 2023 The Affordable Housing on Faith and Higher Education Lands Act of 2023 (the “Act”) (Gov’t Code section 65913.16) provides that certain affordable housing developments that meet the criteria of the Act are by-right uses and do not require discretionary local government review.
We believe that pursuant to City Staff’s determinations and the information contained in the Project’s application, the Project meets the requirements of the Act and therefore is a use by right and accordingly should be approved by the Planning Commission. Furthermore, since the Project qualifies as a by-right use under the Act, the Project is also entitled to the density bonus, concessions, and waivers it is seeking. See Government Code sections 65913.16(j) and 65915.
As correctly identified in the Staff Report, the Planning Commission’s review of the Project is ministerial and part of the streamlining process afforded to projects that qualify for by-right use under the Act. Accordingly, the Planning Commission should approve the Item 5.2 resolutions. 601 Civic Center Drive West ∙ Santa Ana, CA 92701-4002 ∙ (714) 541-1010 ∙ Fax (714) 541-5157 Housing Element Requirements
The City identifies 340 St. Ann’s Drive as “Site No. 1” in its 2021-2029 Housing Element “New Sites for RHNA” list. The Housing Element contemplates the development of affordable housing units at 340 St. Ann’s Drive to help satisfy the City’s lower-income RHNA. At over halfway through the current planning cycle, the City reported in its most recent Annual Progress Report that it has exceeded its above-moderate RHNA by over 300 units, but has issued zero permits for affordable housing in the over four and a half years of the planning cycle that have already passed. Approving the project would be an excellent first step toward the City satisfying its lower-income RHNA.
Additionally, Program 5.2-7 of the City’s Housing Element requires that the City “[f]acilitate development of affordable housing on religious use properties identified in sites inventory to achieve the City’s overall goal of 192 affordable units across the very-low to moderate income categories.” As identified in the Staff Report and the Project’s application, the Project also aligns with many of the City’s other Housing Element programs and goals. In fact, any decision other than approval would be inconsistent with the City’s Housing Element and a failure to implement the Housing Element. For these reasons, the City should approve the Item 5.2 resolutions.
Other California Laws
In addition to the Act and State Housing Element laws, the City should approve the project in compliance with other State housing and land use laws, including, but not limited to, the City’s legal obligation to affirmatively further fair housing (Government Code section 8899.50) and the City’s obligation to not discriminate against affordable housing (Government Code section 65008).
Local Need for Affordable Housing
As previously mentioned, the City has not permitted any affordable housing units during the current planning cycle. Indeed, we are informed that there have not been any new affordable units developed in Laguna Beach in over two decades. This is despite the existence of significant need for affordable housing. In the most recent Point In Time Count, the County of Orange identified 86 individuals who are unhoused in the City. Additionally, in the City’s Housing Element, the City recognized that 28.6% of the City’s households are lower-income households and that approximately 2,995 of those households are considered cost burden with about 1,650 households paying half (or more) of their income toward housing costs. The residents of Laguna Beach are in need of the kind of affordable housing the Project will provide, to say nothing of any low-income families and individuals who commute long distances into the City for work because they cannot find affordable housing near their employment. While California law requires that the Planning Commission approve the Project, the City should simply do so on behalf of the many individuals and families in the Laguna Beach community in need of this affordable housing.
601 Civic Center Drive West ∙ Santa Ana, CA 92701-4002 ∙ (714) 541-1010 ∙ Fax (714) 541-5157 Conclusion
Since the related staff report establishes that the Project meets the requirements of the Act for byright use and establishes that all other necessary findings can be made for approval in accordance with state and local laws, the Planning Commission should approve the Item 5.2 resolutions. Any denial would be inconsistent with the City’s Housing Element, a failure to implement the Housing Element, and a violation of State housing and land use laws. We encourage the Planning Commission to approve the Item 5.2 resolutions as a start to satisfying its lower-income RHNA and to provide the much-needed affordable housing for the Laguna Beach community.
Sincerely,
Richard Walker
Directing Attorney
Housing and Homelessness Prevention
Public Law Center
601 Civic Center Drive West
Santa Ana, CA 92701-4002
(714) 541-1010 ext. 292
[email protected]