Agenda packet — Laguna Hills City Council, July 9, 2024 (part 6 of 6)

Item No. 5.5.1
Center, which included up to 489 dwelling units and 82,574 square feet of new commercial/retail space, along with building façade enhancements, pedestrian paseos, and landscaping. In 2018, the City approved a subsequent development plan (SDPM/MSP No. 8-17-3965) which consisted of the demolition of the Lone Star Steakhouse restaurant and the construction of two new commercial/retail buildings in place of it: Building A1 (in-line shops) and Building A2 (Trader Joe’s, relocated from across the parking lot).

The Center currently consists of retail and restaurant uses including Trader Joe’s, See’s Candy, REI, and Woody’s Diner, as well as Reata, a multi-story, mixed-use, 289-unit apartment building. The property maintains coordinated circulation, parking, and landscaping. The tenant space of the proposed retail pet supply store with the selfservice grooming stations was previously Calico Corners, a fabric retail store, and is currently vacant.

The development plan approved in 2018 expired in December 2023, and any new development proposed for the site, including residential land uses, will require consideration of new permit applications.

Authority:

All development within the Village Commercial zoning district is subject to the Urban Village Specific Plan (“UVSP”). Table 1 Land Use Matrix of the UVSP identifies animal/pet uses as an accessory use subject to LHMC Section 9-56, which requires all commercial animal facilities, including grooming facilities, to obtain a CUP. The process the City must follow in reviewing a CUP for the proposed use is found in LHMC Section 9-92.080(C).

Staff has prepared findings demonstrating that the proposed CUP complies with the City of Laguna Hills Development Code, Village Commercial (VC) zoning district and the Urban Village Specific Plan (UVSP), and the General Plan, as stated in the Proposed Resolution of Approval (Attachment A). Based on these findings, Staff recommends approval of the proposed Conditional Use Permit.

The proposed Conditional Use Permit is consistent with the General Plan’s goals and strategies for the Village Commercial land use designation and the Urban Village Specific Plan. Furthermore, the proposed CUP complies with the City of Laguna Hills Development Code. Therefore, Staff is recommending approval of Conditional Use Permit (CUP) No. USE-0180-2024.

Page 444 of 590 ends

Item No. 5.5.1
Proposal & Analysis:

Brian Batista-Lopez, Project Architect with MSA Architecture and Design, on behalf of MSA Architecture and Design, Inc. (“Applicant”) requests approval of a Conditional Use Permit (CUP) to establish five self-service grooming stations located within a proposed retail pet supply store, Pet Food Express, located at 24241 Avenida De La Carlota, an existing 5,744 square-foot tenant space within the Oakbrook Village shopping center (“Center”). The Center is owned by Laguna Hills Investment Company, which has authorized the Applicant to apply for the requested entitlement. The proposed stations will be available during normal retail store operation hours, Monday through Friday from 10:30 a.m. to 6:00 p.m., Saturday from 10:00 a.m. to 6:00 p.m. and Sunday from 10:00 a.m. to 5 p.m. Each of the five wash stations will include a raised tub with entry stairs, shampoo, towels, aprons, and air dryers.

The tenant space will require interior tenant improvements to convert the existing space into a retail pet supply store with the self-service grooming stations. The proposed floor plan (Attachment C) shows that the self-service grooming stations will be located towards the rear right corner of the store. Because retail is a permitted use within the Village Commercial zoning district and the UVSP, the proposed retail store improvements will be submitted and reviewed under a building permit. There are no proposed exterior modifications other than a wall sign which will be reviewed and submitted under a separate building permit.

All business activities of the proposed retail pet supply store, including the self-service grooming stations, will be conducted entirely indoors (Condition of Approval No. 25, Attachment A), which complies with requirements for Commercial Animal Facilities (LHMC Section 9-56.020). Since the business will operate entirely indoors, no noise impacts are expected and interior doors leading to the store shall remain closed to minimize potential noise.

Other business operations include the need to dispose of animal waste, which will be through standard commercial trash service. The Applicant will provide a pet waste station with bags, sanitation items and disposal within the tenant space, as stated in their Letter of Justification, and as required in Conditions of Approval Nos. 23 and 24 in the proposed resolution of approval (Attachment A).

Parking Analysis
The total tenant space for the proposed retail pet supply store is 5,477 square feet, within which the five self-service grooming stations occupy 421 square feet. According to LHMC 9-44.050, restroom and utility areas are exempt from parking requirements.

Page 445 of 590 ends

Item No. 5.5.1
The proposed floor plan indicates that a total of 127 square feet are for restroom and utility spaces, leaving 5,350 square feet subject to the parking requirements of LHMC Table 9-44.A. The parking requirement for ‘General Retail’ is one parking stall per 200 square feet of gross floor area (GFA) and for “Animal Boarding/Grooming” is one parking stall per 400 square feet of GFA. Therefore, the proposed retail pet supply store has a parking requirement of 27 parking stalls, as shown below in Table 1:

Table 1: Proposed Retail Pet Supply Store with
Self Service Grooming Facilities Parking Requirements
Use Area Parking
Required
Total Tenant Space 5,477 SF
Restroom/ Utility (not subject to
parking requirements)
127 SF
Retail Use (parked at 1 space per 200
SF of Area)
4,929 SF 25 Stalls
Self-Service Grooming Stations
(parked at 1 space per 400 SF of
Area)
421 SF 2 Stalls
Total 27 Stalls
A Parking Use Permit (SDPM/CUP/PUP-12-11-2137) was approved for the Center in 2012 by the Planning Agency. As stated in Condition of Approval No. 32 of the approved PUP, if there is any change to the Center such as a change of tenant mix, the Community Development Director can request an updated parking study to address the impacts on the Center. In January 2021, an updated Parking Study conducted by RK Engineering Group was approved by the Community Development Director. This study concluded that the parking inventory at the Center is 692 parking stalls, with an overall parking demand of 623 parking stalls, resulting in a surplus of 69 parking stalls. The previous use of the subject tenant space was a furniture retail store that required 27 parking spaces.

The proposed retail pet supply store with the self-service grooming stations requires 27 parking spaces, the same number as the previous furniture retail use. Therefore, adequate parking exists at the Center to accommodate the proposed business.

Page 446 of 590 ends

Item No. 5.5.1
Conclusion:

Staff supports approval of the proposed CUP, as conditioned. The proposed self-service grooming stations comply with all requirements of the General Plan, and are consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Village Commercial designation is envisioned as a master planned area (Urban Village Specific Plan area) to establish a community core where commercial, civic, and high density residential are provided. The self-service grooming stations are compatible with the General Plan’s description of the desired uses, by providing a variety of services to the area residents. The proposed self-service grooming stations are permitted as an accessory use with a CUP in the Village Commercial zone and will comply with the UVSP and LHMC Section 9-56.020 regulating Commercial Animal Facilities, and will be conducted entirely inside the tenant space. Conditions of Approval have been added to ensure the proposed self-service grooming stations will comply with the Laguna Hills Noise Ordinance, and that pet waste is disposed of properly. The proposed CUP complies with all requirements of the City of Laguna Hills Development Code, Village Commercial zoning district, UVSP and General Plan.

Therefore, Staff recommends approval of Conditional Use Permit (CUP) No. USE-0180- 2024.

Public Notice:

The proposed project was advertised in an adjudicated newspaper of general circulation on June 27, 2024. A total of 39 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date no comments have been received by Staff.

CEQA Findings:

Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). This exemption applies to the permitting or minor alteration of existing structures.

Attachments:

1. Proposed Resolution of Approval

2. Letter of Justification

3. Floor Plan

Page 447 of 590 ends

RESOLUTION NO. PA2024-07-09-X

A RESOLUTION OF THE PLANNING AGENCY OF THE CITY

OF LAGUNA HILLS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. USE-0180-2024, A

REQUEST BY BRIAN BATISTA-LOPEZ, PROJECT

ARCHITECT WITH MSA ARCHITECTURE AND DESIGN ON
BEHALF OF MSA ARCHITECTURE AND DESIGN, INC. TO

ESTABLISH FIVE SELF-SERVICE GROOMING STATIONS

WITHIN A PROPOSED RETAIL PET SUPPLY STORE, PET
FOOD EXPRESS, IN AN EXISITNG 5,744 SQUARE-FOOT
TENANT SPACE LOCATED AT 24241 AVENIDA DE LA

CARLOTA, INCLUDING AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER
CEQA GUIDELINES SECTION 15301 OF TITLE 14,
CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (CLASS 1, EXISTING FACILITIES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Brian Batista-Lopez on behalf of MSA Architecture and Design, Inc. (“the Applicant”) has filed an application for Conditional Use Permit (CUP) No. USE0180-2024 to establish five self-service grooming stations located within a proposed retail pet supply store, Pet Food Express, at 24241 Avenida De La Carlota, in the Village Commercial (VC) zoning district; and
WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on July 9, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.

SECTION 2. That the required findings by the City for approval of CUP No.

USE-0180-2024 have been met and are made as follows:

Page 448 of 590 ends

Resolution No. PA2024-07-09-X

Page 2 ends

Conditional Use Permit

1. The proposed use is consistent with the General Plan.

The proposed use complies with all requirements of the General Plan, and is consistent with the Land Use Element. Table LU-1 of the General Plan describes the purpose and intent of land uses within the Village Commercial is envisioned as a master planned area (Urban Village Specific Plan area) to establish a community core where commercial, civic, and high density residential are provided. In addition, typical uses allowed include those uses allowed by the Village Commercial designation which consists of services uses, retail sales, professional and medical office uses. The proposed selfservice grooming stations are compatible with the General Plan’s description of the desired uses in the Village Commercial zone and the UVSP, which implements the Village Commercial land use designation.

2. The nature, condition, and development of adjacent uses, buildings, and structures have been considered and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.

The tenant space is located in the Village Commercial (VC) zoning district.

All development within this zoning district is subject to the Urban Village Specific Plan. The project site is located along Avenida De La Carlota, north of Los Alisos Boulevard. The surrounding area consists of Interstate 5 freeway to the north, the Village at Laguna Hills property (previous Laguna Hills mall site) to the west, commercial uses and Meridian Laguna Hills assisted living facility to the south and commercial uses and Reata Apartments to the east. The project site consists of seven buildings, which comprise the “Oakbrook Village” shopping center. The uses in the project site consist of a mix of services uses, retail, restaurants, and residential.

The proposed self-service grooming stations will be conducted entirely inside the retail pet supply store ensuring compatibility with the center and surrounding uses. Conditions of Approval No. 21 through 25 are included to ensure the proposed project will comply with Laguna Hills Noise Ordinance and property maintenance.

3. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

As described above, surrounding uses include restaurants, commercial, retail and service uses, and residential. There are 692 parking spaces located on the project site. The project site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing improvements are sufficient to serve the use and ensure it is properly integrated with existing uses in the vicinity through existing shared improvements on the project site such as utilities, parking, landscaping, and pedestrian and vehicular access. The proposed use is a typical service use

Page 449 of 590 ends

Resolution No. PA2024-07-09-X

Page 3 ends

found in other shopping centers in Laguna Hills and does not require any unique or unusual site improvements to operate. The use will operate entirely within the confines of an existing tenant space on the project site, and the Applicant will make necessary tenant improvements to the tenant space to operate the use.

4. All required development standards prescribed by the Development Code can be achieved.

The site is typical of other commercial shopping centers in Laguna Hills in terms of the nature of the improvements provided that result in a functioning commercial property. The existing improvements are sufficient to serve the use consisting of existing shared improvements on the site such as utilities, parking, landscaping, and pedestrian and vehicular access which comply with the City’s development standards, or will comply as conditioned. The proposed self-service grooming stations will be located within an existing building, and tenant upgrades are proposed to serve the use.

5. That the conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

Conditions of approval are included to ensure that the use is compatible with adjacent uses. Such conditions include that all business activities shall take place within the tenant space (Condition 25), the immediate property around the tenant space shall be inspected daily to ensure that there is no animal waste or trash, and if found disposed of (Condition 23), and that pet relief supplies shall be provided (Condition 24). These conditions help to ensure that the self-service grooming stations will not adversely affect adjacent uses due to excess noise, unpleasant smells, or property maintenance issues.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve CUP No. USE-0180-2024 subject to the following conditions:

General

1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: Brian Batista-Lopez on behalf of MSA Architecture and Design, Inc., the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Conditional Use Permit (CUP) No. USE-0180-2024, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the Project, and as otherwise modified by these Conditions of Approval.

Page 450 of 590 ends

Resolution No. PA2024-07-09-X

Page 4 ends

3. Unless the context dictates otherwise, whenever the term “Project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the Project, as modified by these Conditions of Approval, including but not limited to the following:
application form (submitted May 3, 2024), letter of justification (dated June 5, 2024), and Site Plan/Floor Plan (dated June 5, 2024).

4. To the fullest extent permitted by law, the Applicant shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless the City, its elected and appointed officers and officials, employees, agents, departments, agencies, authorized volunteers, consultants, attorneys, boards, commissions, and committees, and instrumentalities thereof ("Indemnitees"), from and against any and all claims, liabilities, losses, fines, demands, penalties, lawsuits, writs of mandamus, and any other claims or actions or proceedings of any kind whatsoever (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to, arbitrations, mediations, and other such procedures), judgments, orders and decisions (collectively "Claims" and “Actions”), brought against the Indemnitees, which seek to attack, challenge, modify, set aside, void, or annul any action of or any permit or approval issued by the Indemnitees (including actions approved by the voters of the City) for, in connection with, or concerning the approval of this Permit. It is expressly understood and agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the defense of the Indemnitees for the Claims and Actions, and that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.

5. Approval of this Permit constitutes approval of the proposed Project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the Project regarding any other applicable ordinance, regulation, or requirement.

6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.

7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.

8. The conditions of Project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or

Page 451 of 590 ends

Resolution No. PA2024-07-09-X

Page 5 ends

exactions. The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this Project through the Conditions of Approval, commencing from the date of approval of the Project, has begun.

9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding staff time spent on the processing of this Permit within 60 days of the Planning Agency’s approval.

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from July 9, 2024.

11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.

Permitting

12.The Applicant shall be responsible for ensuring applicable building permits are obtained, as required by the 2022 California Building Code, prior to commencement of any work for which a permit is required.

13.All construction shall comply with 2022 California Building, Plumbing, Mechanical, Electrical, Green, and Energy Codes with regard to the applicable occupancy group if applicable. Any work being done will require a full set of plans prepared by a licensed architect/engineer.

14.At the time of document submittal for permit issuance, the Applicant shall demonstrate compliance with California Disabled Accessibility requirements, as required by Chapter 11 of the California Building Code if applicable.

15.The Applicant shall comply with all general construction water quality requirements, as required by the LHMC 5-36.

16.The Applicant shall submit Construction and Demolition Waste Recycling Program paper work if applicable, prior to issuance of permits, as required by Laguna Hills Municipal Code Chapter 5-48 and to comply with mandates of CalRecycle.

17.All documents required for permit issuance shall be accurately labeled and reflect all work, as required by the 2022 California Building Code.

18.Prior to issuance of building permits, the Applicant shall apply for a Certificate of Use and Occupancy (COUO), and the Applicant shall obtain the Certificate before conducting operations.

19.The Applicant is advised that the business will need to comply with CalRecycle’s requirements of AB 1826 (Mandatory Commercial Organics

Page 452 of 590 ends

Resolution No. PA2024-07-09-X

Page 6 ends

Recycling), SB 1383 (Short-Lived Climate Pollutants), and AB 341 (Mandatory Commercial Recycling).

20.That prior to the issuance of a certificate of occupancy, the Applicant shall subscribe to and provide evidence of enrollment in the organics recycling services provided by the City’s franchise waste hauler, in order to comply with California State Senate Bill 1383 and California Assembly Bill 1826, for the recycling and disposal of organic waste including any food waste.

Operations

21.If at any time in the future the Community Development Director determines there are trash or debris issues, complaints, or problems, including trash overflow, or smells emanating from the trash area, the Applicant shall prepare a trash management plan, to resolve and remedy identified issues, for review and approval by the Community Development Director.

22.All business activities shall comply with the noise standards of the City of Laguna Hills Noise Ordinance (LHMC 5-24) at all times.

23.The Applicant shall inspect, at least once per day, all sidewalks, drive aisles, parking spaces, and landscape planter areas immediately adjacent to the store for any pet waste and shall collect, fully remove, and discard in the trash any pet waste found. No power washing is allowed.

24.The business shall provide pet relief supplies including disposal bags and sanitation products.

25.All business activities shall be conducted entirely indoors and exterior doors will not be propped open except momentarily for deliveries and similar business operations. No business activities whatsoever shall be permitted to occur outside, including pet relief.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. ________________________________

DAVE WHEELER, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

Page 453 of 590 ends

Resolution No. PA2024-07-09-X

Page 7 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. PA2024-07-09-X adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 9th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

JENNIFER LEE, CITY CLERK

Page 454 of 590 ends

Letter of Justification
Pet Food Express (PFE) is a community-based retail store aimed at providing products and services to improve the lives of pets and their owners. The California retailer prides themselves on their high product standards, community and neighborhood involvement, and their expertise when it comes to pet care and maintenance.

The proposed PFE in Laguna Hills would serve a city of about 30,568 residents, many of whom own animals themselves. Services provided beyond pet food and accessories include a self-service pet washing station, a community events board that is frequently updated to inform customers of pet centric activities in the area, and occasional coordination of pet adoptions. There will be pet waste bins located outside the store for pet owners to dispose of any waste and sanitizing products within the store for any indoor “accidents”. All pet hair accumulated in the pet wash will be filtered through an underground lint interceptor before reaching the sanitary sewer system.

Laguna Hills municipal code Ch. 9-24.010 identifies the subject parcel as zoned for “Village Commercial VC District”. The intent and purpose is to develop an urban core in which a variety of public, regional commercial, recreational, and high density residential uses work in concert to create an urban village.

The surrounding residential neighbors that exist will be given a pet store and washing area within walking distance of their homes, adjacent to many other shopping and dining establishments which would encourage economic growth by the businesses. Creating a high density environment that provides for all residents’ needs within a short travel distance is crucial to developing an urban core.

Specifically stated on page 30 table 1, the Urban Village Specific Plan explicitly permits Retail/Services Businesses which is what we are proposing at this site. We believe PFE would be an asset to the community at large.

Brian Batista
project architect
direct: 415.852.4905
main: 415.541.0977
[email protected]
www.msasf.com

Page 455 of 590 ends

Page 456 of 590 ends

Page 457 of 590 ends

Page 458 of 590 ends

Page 459 of 590 ends

Page 460 of 590 ends

Page 461 of 590 ends

Page 462 of 590 ends

2 6
B
D
4 5
E
1 A
C
3 3765 SF
SALES
421 SF

PET WASH
73 SF

UTILITY
56 SF
OFFICE
54 SF

RESTROOM
870 SF

RECEIVING
PT1
PT2
PT3
SOFFIT
RB2
PT4
ACT1
RB2
PT4
RB2
PT4
PT1
RB2
PT4
PT4
PT4
TL1
TL2
TL3A
TL3B
TL4
22' - 7"
22' - 8"
(E) HVAC UNITS
3 CUP-3

FINISH FLOOR
0' - 0"
ROOF
14' - 0"
C B A
MECH. RTU, 14" CURB + 50" UNIT
50" 14"
architecture + design
360 22nd street, suite 800
oakland, ca 94612
p. 415.541.0977
www.msasf.com

CONDITIONAL USE PERMIT
4/29/2024 11:59:18 AM
CUP-3

FLOOR PLAN AND MATERIALS
22113

PET FOOD EXPRESS
24241 AVENIDA DE LA CARLOTA
LAGUNA HILLS, CA 92653
1 FLOOR PLAN
1/8" = 1'-0"
2 ROOF PLAN
1/8" = 1'-0"
PL1 NEVAMAR S7004T
PT1 BENJAMIN MOORE
CHANTILLY LACE OC-65
PT2 KELLY MOORE
FRENCH OAK KM4628
PT3 BENJAMIN MOORE
HC-152 WHIPPLE BLUE
PT4 CHAMPAGNE BUBBLE
KM5731-1
RB1 BURKE 502
TL2 D200 DESERT GRAY SPECKLE RB2 BURKE 701
TL3A 0190 ARCTIC WHITE
TL3B X114 DESERT GRAY
TL4 1469 GALAXY
TL1 D311 BLACK/EBONY
ACT1 ARMSTRONG 24X24
3 HVAC SITE LINES
1/4" = 1'-0"

ROOM SCHEDULE

ROOM NAME AREA
RECEIVING 870 SF
SALES 3765 SF
RESTROOM 54 SF
OFFICE 56 SF
UTILITY 73 SF
PET WASH 421 SF
5,239 NET

MATERIALS

Page 463 of 590 ends

Item No. 5.5.2
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Chair and Agency Members
From: Larry Longenecker, Community Development Director Issue: Parking Use Permit (PUP) No. 0130-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc., for Approval of a Joint Parking Use Permit for the Taj Mahal Medical Center Located at 23521 Paseo de Valencia
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and 3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Parking Use Permit (PUP) No. 0130-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc. for Approval of a Joint Parking Use Permit for the Taj Mahal Medical Center Located at 23521 Paseo de Valencia, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).” Background:

The Taj Mahal Medical Center is located near the corner of Paseo de Valencia and Calle de la Plata (23521 Paseo de Valencia). The project site consists of two parcels totaling approximately 5-acres in size, and includes the Taj Mahal Medical Center, the First Foundation Bank, and a 375-space surface parking lot shared by the two buildings.

Page 464 of 590 ends

Item No. 5.5.2
During 2020 and 2021, the current property owner, Healthcare Realty Trust (“Owner”), purchased the Taj Mahal building and three neighboring office buildings: the Saddleback Professional Center (24012 Calle de la Plata); The Laguna medical office building (24022 Calle de la Plata); and the Saddleback Medical Building (23961 Calle de la Magdalena), as well as a six-level parking structure shared by the three buildings.

Abutting the Taj Mahal Center to the northeast is a branch of US Bank. Abutting the property to both the east and west is Ronda del Rossmoor, a private street owned by US Bank. Further east, across Ronda del Rossmoor, is a parking lot for the former Laguna Hills Mall. To the south of the property, across Calle de la Plata, are existing office buildings. The Figure below is a vicinity map of the Project:

The Taj Mahal is 73,223 square-feet of floor area (gross building area less restrooms, elevator shafts, utility shafts), and currently consists of a mix of medical, professional, and financial offices.

The First Foundation Bank, located at the corner of Calle de la Louisa and Calle de la Plata, is a 5,288-square foot bank. The two buildings share the parking lot through a reciprocal ingress/egress agreement.

When the City of Laguna Hills incorporated in 1991, it recognized the project site as “legal non-conforming”, since it did not meet the parking requirements adopted by the County in 1985. To ensure that the degree of non-conformity would not be expanded, the City limited the mix of uses on the site to those that were in place as of the date of the City’s incorporation.

In 1992, a Parking Use Permit (UP 93-014) seeking relief from the parking requirements was approved establishing a parking demand ratio of 4.07 parking stalls per 1,000

Page 465 of 590 ends

Item No. 5.5.2
square feet, which was based upon County parking criteria.

In 2003, the City approved a Change Plan/Site Development Permit (CP/SDP 2003-056), which allowed an increase of leasable medical office use to 35% of the building. The increase was accommodated due to the demolition of a vacant building within the parking lot area that resulted in additional parking stalls. A new parking survey was prepared by Katz, Okitsu & Associates (dated January 8, 2003), and demonstrated that the increase in medical office use could be supported.

The approval also established the application of the City’s parking ratios for the project site instead of the past practice of basing parking on County standards.

In 2010, the City approved a Site Development Permit (SDPA No. 06-10-1676) to enhance the entrances to the Taj Mahal. The improvements resulted in reconfiguration of the parking lot and again increased the supply of on-site parking stalls. This facilitated an increase in the amount medical office use to 43%, and brought the site into greater conformance with the City’s applicable parking ratios and regulations.

In 2011, the City approved a Site Development Permit/Parking Use Permit/Master Sign Program (SDP/CUP/PUP/MSP No. 11-10-1804) that included construction of additional office space, a new entrance plaza, parking and landscape improvements, and joint use of parking facilities between the Taj Mahal and bank property to support a combination of general and medical office uses. A new parking survey was prepared by Linscott, Law, & Greenspan (dated May 19, 2011), and demonstrated that the increase in medical office square footage could be supported. Condition of Approval no. 20 of this approval limited medical office use to 80% of the building, and 20% business/professional office.

Since 2011, when the latest parking study was approved, the mix of tenants has continued to change, with medical office in high demand. The Taj Mahal is now leased with 75% medical office. The purpose of the proposed project is to facilitate the continued transition of the Taj Mahal Medical Center from primarily professional offices to an increase in occupancy by medical offices. Demand for medical office space has occurred due to the proximity and successful growth of the MemorialCare Saddleback Hospital campus.

Authority:

The process the City must follow in reviewing a Parking Use Permit (PUP) is found in Laguna Hills Municipal Code (“LHMC” or “Code”) Chapter 9-44 Access and Parking, and

Page 466 of 590 ends

Item No. 5.5.2
LHMC Chapter 9-92 Application Process and Submittal Requirements. LHMC Section 9-

44.070 (Joint Use of Parking Facilities) describes how the sharing of parking facilities can be approved, as long as there is sufficient parking for all existing and proposed uses within a site. The Planning Agency has review authority over the PUP process in accordance with LHMC Section 9-92.030.

The findings required for the application are found in LHMC Section 9-92.080.

Accordingly, Staff has prepared findings demonstrating that the application complies with the General Plan and Zoning Code as stated in the proposed Resolution (Attachment 1).

Proposal & Analysis:

The number of parking stalls required for a particular use or type of business are contained in LHMC Table 9-44.A (Number of Parking Stalls Required). The Code’s approach to determining the amount of parking required for a use assumes businesses utilize 100% of the required parking at all times. This is a common approach that cities utilize in determining the parking needs for non-residential uses, but it can overstate required parking.

For commercial centers, required parking is based on the total parking needed to serve all businesses. The parking requirements are compared to the total parking inventory to determine if there is a surplus or deficit of parking stalls. Since commercial centers typically have a variety of uses that have differing parking demand periods during the day, the Code provides the opportunity for the joint use of parking facilities with an approved parking plan (LHMC Section 9-44.070). This approach to calculating parking demand is generally referred to as “shared parking”, which is made possible through the approval of a Joint Parking Use Permit by the Planning Agency.

The Applicant requests approval of a Joint Parking Use Permit (PUP), which includes a Parking Study (“Study”) prepared by Linscott, Law, & Greenspan Engineers (dated February 21, 2024) (Attachment 2). The purpose of the PUP is to accommodate a desired tenancy ratio of 95% medical office, 5% nonmedical office for the Taj Mahal Medical Center (“Taj Mahal” or “Building”).

The Building currently consists of 75% medical office (54,830 square feet), 18% vacant general office (13,448 square feet), 5% general office (3,806 square feet), and 2% retail/pharmacy (1,139 square feet). The Owner would like the ability to convert the vacant and occupied general office space to be able to lease as medical office, with a tenancy ratio of 95% medical office (69,920 square feet), 3% general office (2,164

Page 467 of 590 ends

Item No. 5.5.2
square feet), and 2% retail/pharmacy (1,139 square feet). The total number of parking spaces required by the Laguna Hills Municipal Code for the desired 95% medical office is 479 parking spaces.

The parking lot shared by the Taj Mahal and First Foundation Bank consists of 375 parking stalls, with an additional 29 striped stalls located on Calle de la Plata; in total, 404 parking stalls are available for the two buildings. This results in a Code-based deficiency of 75 parking stalls.

The Study prepared for the Applicant concludes that utilizing a “shared parking” approach results in an actual peak demand of 227 parking stalls. The methodology used in the Study is a blended approach to calculating parking using observed actual demand for existing tenants, plus Code required parking for both the vacant office space and the proposed increase in medical office use. Parking counts were taken at hourly intervals over a three-day period (Tuesday - Thursday, October 24 – 26, 2023, from 7:00 a.m. to 7:00 p.m.). These three days were chosen to capture the busiest days of the week for medical office uses. The hours of observation were intended to capture the hours of operation for the busiest periods for tenants and visitors of the Taj Mahal. The peak parking demand observed 169 parking stalls on Wednesday at 10:00am., resulting in a surplus of 204 parking stalls. With the proposed tenancy mix for the Taj Mahal (95% medical office, 3% general office, and 2% retail), a projected surplus of 221 stalls would remain available.

Given the results of the Study, it is appropriate to establish a shared parking approach for the Taj Mahal through the City’s PUP process, and allow the Applicant the opportunity to establish a more efficient approach for the use of the existing parking supply. This approach will provide the Applicant with the ability to use actual parking counts to determine parking need, rather than strictly utilizing the City’s standard parking requirements. Use of the shared parking approach will provide a degree of flexibility in how parking demand is calculated, enabling the Owner the opportunity to attract additional medical office uses.

Conclusion:

Staff believes the Study demonstrates that there is adequate available parking for the Taj Mahal to accommodate the proposed 95% medical office-5% general office/retail tenant mix. The Study has effectively shown that the Building’s peak parking demand is far below the parking required by Code. The Study also satisfies the requirements of LHMC Section 9-44.070, which requires a detailed joint parking use plan. Furthermore, Staff’s observations of the parking lot’s capacity are consistent with the conclusions

Page 468 of 590 ends

Item No. 5.5.2
made in the Study. Therefore, the approval of this PUP will reflect the building’s actual parking demand, and enable the Applicant to use the parking structure’s surplus parking capacity for a wide range of potential new tenants that may require a higher parking demand, such as additional medical offices.

As a standard City practice for PUPs, staff requires applicants to address future changes in parking demand due to tenant turn over and change in the mix of uses once the PUP has been approved. For instance, Condition of Approval No. 12 provides the Community Development Director the ability to request an update to the Study if the tenant mixture at any time becomes problematic to the center’s parking and circulation.

Therefore, staff recommends approval, subject to the conditions of approval as listed in the attached Resolution.

Public Notice:

The proposed project was advertised in an adjudicated newspaper of general circulation on June 27, 2024. A total of 64 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date, no comments have been received. Any written comments received will be distributed at the Planning Agency Public Hearing.

CEQA Findings:

Staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that this project is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). This exemption applies to the permitting or minor alteration of existing structures.

Fiscal Impact:

There is no cost to the City since Staff time and costs are reimbursed by the applicant.

Attachments:

1. Proposed Resolution of Approval

2. Parking Study prepared by Linscott, Law, & Greenspan (February 21, 2024)

Page 469 of 590 ends

RESOLUTION NO. PA2024-07-09-X

A RESOLUTION OF THE PLANNING AGENCY OF THE

CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING
PARKING USE PERMIT (PUP) NO. 0130-2023, A REQUEST
BY DIAMOND STAR ASSOCIATES, INC., ON BEHALF OF
HEALTHCARE REALTY TRUST, INC. FOR APPROVAL OF

A JOINT PARKING USE PERMIT FOR THE TAJ MAHAL
MEDICAL CENTER LOCATED AT 23521 PASEO DE

VALENCIA, INCLUDING AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PER CEQA GUIDELINES SECTION 15301 OF TITLE 14,
CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (CLASS 1, EXISTING FACILITIES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Diamond Star Associates, Inc., on behalf of Healthcare Realty Trust, Inc. (“the Applicant”) has filed an application for Parking Use Permit (PUP No. 0130- 2023), a request to establish a Joint Parking Use Permit at the Taj Mahal Medical Center located at 23521 Paseo de Valencia in the Village Commercial zoning district (“Project”); and
WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on July 9, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.

SECTION 2. That Planning Agency hereby determines that the required findings by the City for approval of Parking Use Permit PUP No. 0130-2023 have been met and made as follows:

Page 470 of 590 ends

Resolution No. PA2024-07-09-X

Page 2 ends

Parking Use Permit

1. The proposed Joint Parking Use Permit is consistent with the intent and purpose of the Development Code.

The City’s parking requirements are contained in LHMC Chapter 9-44. The intent of the parking requirements in the Development Code is to ensure that all land uses provide safe access and on-site circulation with adequate off-street parking facilities. The Development Code allows for shared use of parking facilities provided that it can be shown that adequate parking for all users is maintained.

The Applicant has demonstrated that based upon the existing actual demand for existing uses, and the Code-required parking for vacancies and future uses, there is sufficient parking for the planned tenant mix, including uses that may have higher parking ratios. A comprehensive shared parking plan allows additional flexibility in leasing to a larger variety of users and allows a more efficient use of the existing parking supply. Condition of Approval No. 12 provides the Community Development Director with the ability to address parking and/or circulation issues relative to any change in any use or any portion of any use (i.e., change in tenant mix) to ensure the proposed Joint Parking Use Permit remains consistent with the requirements of the Development Code.

2. The Joint Parking Use Permit provides a reasonable and enforceable means for all uses to share parking facilities.

The shared parking approach proposed is enforceable upon all current and future tenants to ensure the parking is available. Any changes to the property affecting access or parking would require City approval, at which time the impact on shared parking would be evaluated. This Parking Use Permit is binding and enforceable against the property owner and all existing and future owner(s) and tenants of the property per the project conditions of approval. Additionally, the Community Development Director may evaluate the available parking supply for any change in tenant mix as provided for in Condition of Approval No. 12.

3. The requirement for parking established by the Joint Parking Use Permit shall assure that the parking demands for the participating uses are continually met.

This Parking Use Permit is binding and enforceable against the property owner and all existing and future owner(s) and tenants of the Center per the conditions of approval. Additionally, the Community Development Director may evaluate the available parking supply when any change in tenancy, or mix of uses is proposed at the subject site as provided for in Condition of Approval No. 12. Therefore, parking demand will continually be met. Should a parking issue occur resulting from a change in the tenancy or mix of uses, the Community Development Director, per Condition of Approval No. 12, can require the property owner to provide a parking study to demonstrate that parking is still sufficient.

Page 471 of 590 ends

Resolution No. PA2024-07-09-X

Page 3 ends

4. The proposed use is consistent with the General Plan.

The Project is consistent with the goals and policies of the General Plan. In particular, with regard to parking, the General Plan under the Mobility Element (M15) states the importance of utilizing a broad range of parking management tools to balance parking spillover effects and excessive parking requirements, to encourage efficient use of the land. Currently, the subject parking lot is often underutilized. Establishing formal shared parking will allow the property to accommodate the additional demand for medical office tenants, utilizing currently underused parking, while still providing adequate parking for all users.

5. The nature, condition, and development of adjacent uses, buildings, and structures have been considered and the proposed conditional use will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.

Reciprocal ingress/egress and reciprocal use of parking lot areas has already been established between the two parcels and the subject proposal is to continue and expand the shared parking facilities in support of increasing the square footage of the existing buildings with medical office use. Conditions of approval ensure the use of shared parking on the site will not be materially detrimental. For example, Condition of Approval No. 12 requires the property owner to update the parking and circulation study whenever a change tenancy, or a change in the mix of uses is proposed. These requirements will ensure sufficient parking is available on the site for current and future tenants and uses.

6. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

The Project Site is improved with commercial buildings, parking lot, and landscaping around the perimeter and in interior areas of the site. The project site is typical of other medical and professional office buildings in Laguna Hills in terms of the nature of the improvements provided that result in a functioning office property.

If the Community Development Director determines insufficient parking exists on a site being considered for new tenants and uses due to the application of the City’s standard parking ratios, the City’s shared parking regulations contained in LHMC 9-44.070 allow property owners to base parking need on actual demand with the completion of a parking study to determine if a parking surplus exists on the property. The Applicant has submitted a parking study (“Study”) to evaluate the actual parking demand for the Project Site. When factoring in the proposed tenant mix, there is a total parking demand of 169 stalls, resulting in a surplus of 204 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s

Page 472 of 590 ends

Resolution No. PA2024-07-09-X

Page 4 ends

implementation of a shared parking approach will not result in inadequate parking now or in the future.

7. All required development standards prescribed by the Development Code can be achieved.

The proposed Joint Parking Use Permit will enable the property owner to determine required parking based on actual parking demand, and enable the property owner to accommodate a wider range of potential new tenants, broadening the range of services to serve the public, that may have higher Development Code parking requirements, such as medical offices.

The Applicant, in cooperation with the property owner, has submitted a parking study (“Study”) in order to evaluate the actual parking demand for the Project Site.

When factoring in the proposed tenant mix, there is a total parking demand of 169 stalls, resulting in a surplus of 204 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future.

8. The conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

The conditions of approval will ensure that the approval of the Joint Parking Use Permit will not result in the conditions described above. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenant mix and ensure the adequate parking will be available for all uses. The ability to evaluate required parking for any change in mix of uses, and require reasonable mitigation measures based on future updates to the parking study to be implemented by the Applicant will ensure that incompatible conditions with adjacent or abutting uses will not materialize as a result of the approval of a Joint Parking Use Permit, and ensure that the public peace, safety and welfare is maintained.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve PUP No. 0130-2023 subject to the following conditions:

General

1. The following Conditions of Approval shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to each of the following: Diamond Star Associates, Inc., on behalf of Healthcare Realty Trust, Inc., the owners(s) and tenant(s) of the property, and each of their respective successors and assigns.

Page 473 of 590 ends

Resolution No. PA2024-07-09-X

Page 5 ends

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Parking Use Permit (PUP) No. 0130-2023, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the project, and as otherwise modified by these Conditions of Approval.

3. Unless the context dictates otherwise, whenever the term “project” is used in the following Conditions of Approval, it shall collectively refer to the plans and exhibits submitted to the City by the Applicant to depict the project, as modified by these Conditions of Approval.

5. Approval of this Permit constitutes approval of the proposed project only to the extent that it complies with the City’s Development Code and any other applicable zoning regulations. Approval does not include any action or findings as to compliance or approval of the project regarding any other applicable ordinance, regulation, or requirement.

6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.

7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.

Page 474 of 590 ends

Resolution No. PA2024-07-09-X

Page 6 ends

8. The conditions of project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees, and/or exactions.

The Applicant is hereby notified that the 90-day protest period in which the Applicant may protest the fees, dedications, reservation, or exactions imposed on this project through the Conditions of Approval, commencing from the date of approval of the project, has begun.

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from July 9, 2024.

11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.

Joint Parking Use Permit

12.If at any time in the future the Community Development Director determines, in his or her sole discretion, that a parking and circulation study is necessary to address parking and/or circulation issues relative to any change in any use or any portion of any use (i.e., change in tenant mix) in the shopping center, the Applicant shall, at its sole cost and expense, be responsible for the cost of a parking and circulation study prepared by a licensed consultant selected by the City. The Applicant shall, at its sole cost and expense, be responsible for implementation costs of any reasonable mitigation measures deemed appropriate by the Director related to such impacts based on the findings of such study.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. ____________________________________

DAVE WHEELER, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

Page 475 of 590 ends

Resolution No. PA2024-07-09-X

Page 7 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

Page 476 of 590 ends

Page 477 of 590 ends

Page 478 of 590 ends

Page 479 of 590 ends

Page 480 of 590 ends

Page 481 of 590 ends

Page 482 of 590 ends

Page 483 of 590 ends

Page 484 of 590 ends

Page 485 of 590 ends

Page 486 of 590 ends

Page 487 of 590 ends

Page 488 of 590 ends

Page 489 of 590 ends

Page 490 of 590 ends

Page 491 of 590 ends

Page 492 of 590 ends

Page 493 of 590 ends

Page 494 of 590 ends

Page 495 of 590 ends

Page 496 of 590 ends

Page 497 of 590 ends

Page 498 of 590 ends

Page 499 of 590 ends

Page 500 of 590 ends

Page 501 of 590 ends

Page 502 of 590 ends

Page 503 of 590 ends

Page 504 of 590 ends

Page 505 of 590 ends

Page 506 of 590 ends

Page 507 of 590 ends

Page 508 of 590 ends

Page 509 of 590 ends

Page 510 of 590 ends

Item No. 5.5.3
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Chair and Agency Members
From: Larry Longenecker, Community Development Director Issue: Parking Use Permit (PUP) No. 0131-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc., for Approval of a Joint Parking Use Permit for the Saddleback Professional Center Located at 24012 Calle de la Plata
Recommendation: That the Planning Agency:
1) Conduct a public hearing;
2) Find and determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities); and 3) Adopt a Resolution entitled: “A Resolution of the Planning Agency of the City of Laguna Hills, California, Approving Parking Use Permit (PUP) No. 0131-2023, a Request by Diamond Star Associates, Inc., on Behalf of Healthcare Realty Trust, Inc. for Approval of a Joint Parking Use Permit for the Saddleback Professional Center Located at 24012 Calle de la Plata, Including an Exemption from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities).”
Background:

The Saddleback Financial Center (“Building”) is located near the corner of Paseo de Valencia and Calle de la Plata (24012 Calle de la Plata). The four-story building was approved and constructed in the early 1980s under County jurisdiction, and is part of a

Page 511 of 590 ends

Item No. 5.5.3
larger development that includes: The Laguna medical office building, located adjacent to the Building, at 24022 Calle de la Plata; the Saddleback Medical Building, located further east at 23961 Calle de la Magdalena (fronting Calle De La Louisa); and a six-level parking structure, centrally located and shared by the three buildings. During 2020 and 2021, the current property owner, Healthcare Realty Trust (“Owner”), purchased all three office buildings and the parking structure (as well as the neighboring Taj Mahal building). The Owner subsequently renamed the Building from the Saddleback Financial Center to the Saddleback Professional Center. The 73,078-square-foot Building currently consists of a mix of medical, professional, and financial offices.

The original approved plans identify the Building as meant for banking/commercial offices. All three office buildings and the parking structure have remained essentially unchanged from their original approval, and the properties maintain coordinated circulation, parking, and landscaping. The Building sits on an approximately 1-acre property. The United States Postal Service facility abuts the subject property to the south, and both a bank and a medical office building abuts the subject property to the west. To the north, across Calle de la Plata, is the Taj Mahal building. The figure below is a vicinity map of the Project, with the subject property highlighted:

Visitors to the Building utilize the six-level parking structure shared by all three buildings. The structure can be accessed from an entrance directly behind the Building or at the main parking structure entrance on Calle de la Magdalena. The three buildings share the parking structure through a reciprocal ingress/egress agreement.

Authority:

The process the City must follow in reviewing a PUP is found in LHMC Chapter 9-44

Page 512 of 590 ends

Item No. 5.5.3
Access and Parking, and LHMC Chapter 9-92 Application Process and Submittal Requirements. LHMC Section 9-44.070 (Joint Use of Parking Facilities) describes how the sharing of parking facilities can be approved, as long as there is sufficient parking for all existing and proposed uses within a site. The Planning Agency has review authority over the PUP process in accordance with LHMC Section 9-92.030.

The findings required for the application are found in LHMC Section 9-92.080.

Accordingly, Staff has prepared findings demonstrating that the application complies with the General Plan and Zoning Code as stated in the proposed Resolution (Attachment 1).

Proposal & Analysis:

The Applicant requests approval of a Joint Parking Use Permit (PUP), which includes a Parking Study (“Study”) prepared by Linscott, Law, & Greenspan Engineers (dated February 21, 2024) (Attachment 2). The purpose of the PUP is to accommodate a desired tenancy ratio of 95% medical office and 5% nonmedical office for the Saddleback Professional Center.

The Building currently consists of 33% general office (21,617 square feet), 32% vacant general office (20,837 square feet), 26% medical office (17,235 square feet), and 9% financial office/bank (6,231 square feet). The Owner would like the ability to convert the vacant and occupied general office space and half of the financial office space to medical office, resulting in a new tenancy ratio of 95% medical office (62,953 square

Page 513 of 590 ends

Item No. 5.5.3
feet) and 5% financial office/bank (2,967 square feet). The total number of parking spaces required by the Laguna Hills Municipal Code (“LHMC” or “Code”) for the desired 95% medical office is 432 parking spaces.

Including the existing tenant mix in the other two buildings (The Laguna and Saddleback Medical Building), the total parking required by the LHMC for all three buildings is currently 1,453 parking stalls. With the proposed increase to 95% medical office space for the Building, the total parking required for all three buildings is 1,604 parking stalls.

The six-level parking structure shared by the three buildings consists of 1,028 parking stalls, with an additional 71 surface parking stalls adjacent to the structure and utilized by visitors to the Saddleback Medical Building; in total, 1,099 parking stalls are available for the three buildings. This results in a Code-based deficiency of 505 parking stalls.

The Study prepared for the Applicant concludes that utilizing a “shared parking” approach results in an actual peak demand of 627 parking stalls. The methodology used in the Study is a blended approach to calculate parking by using observed actual demand for existing tenants, plus Code required parking for both the vacant office space and the proposed increase in medical office use. Parking counts were taken at hourly intervals over a three-day period (Tuesday - Thursday, October 24 – 26, 2023, from 7:00 a.m. to 7:00 p.m.). These three days were chosen to capture the busiest days of the week for medical and general office uses. The hours of observation were intended to capture the hours of operation for the busiest periods for tenants and visitors of the three buildings. The peak parking demand observed 627 parking stalls on Tuesday at 11:00am (approximately 55% of total capacity), resulting in a surplus of 472 parking stalls. With the proposed tenancy mix for the Building(95% medical office and 5% financial office), a projected surplus of 33 stalls would remain available.

Given the results of the Study, it is appropriate to establish a shared parking approach for the Building through the City’s PUPprocess, and allow the Applicant the opportunity to establish a more efficient approach for the use of the existing parking supply. This approach will provide the Applicant with the ability to use actual parking counts to determine parking need, rather than strictly utilizing the City’s standard parking requirements. Use of the shared parking approach will provide a degree of flexibility in how parking demand is calculated, enabling the Owner the opportunity to attract a complementary mix of tenant uses that have different peak parking demand times.

Conclusion:

Staff believes the Study demonstrates that there is adequate available parking within the parking structure for Saddleback Professional Center to accommodate the proposed

Page 514 of 590 ends

Item No. 5.5.3
95% medical office-5% general office tenant mix. The Study has effectively shown that the Building’s peak parking demand is far below the parking required by Code.

Furthermore, Staff’s observations of the parking structure’s capacity are consistent with the conclusions made in the Study. Therefore, the approval of this PUP will reflect the Building’s actual parking demand, and enable the Applicant to use the parking structure’s surplus parking capacity for a wide range of potential new tenants that may require a higher parking demand, such as additional medical offices.

Public Notice:

The proposed project was advertised in an adjudicated newspaper of general circulation on June 27, 2024. A total of 47 public hearing notices were mailed, which includes all property owners within a 300-foot radius of the subject property, as well as all tenants of the subject property. To date, no comments have been received. Any written comments received will be distributed at the Planning Agency Public Hearing.

CEQA Findings:

Fiscal Impact:

There is no cost to the City since Staff time and costs are reimbursed by the applicant.

Attachments:

1. Proposed Resolution of Approval

2. Parking Study prepared by Linscott, Law, & Greenspan (February 21, 2024)

Page 515 of 590 ends

RESOLUTION NO. PA2024-07-09-X

A RESOLUTION OF THE PLANNING AGENCY OF THE

CITY OF LAGUNA HILLS, CALIFORNIA, APPROVING
PARKING USE PERMIT (PUP) NO. 0131-2023, A REQUEST
BY DIAMOND STAR ASSOCIATES, INC., ON BEHALF OF
HEALTHCARE REALTY TRUST, INC. FOR APPROVAL OF

A JOINT PARKING USE PERMIT FOR THE SADDLEBACK
PROFESSIONAL CENTER LOCATED AT 24012 CALLE DE

LA PLATA, INCLUDING AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PER CEQA GUIDELINES SECTION 15301 OF TITLE 14,
CHAPTER 3 OF THE CALIFORNIA CODE OF
REGULATIONS (CLASS 1, EXISTING FACILITIES)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:

WHEREAS, Diamond Star Associates, Inc., on behalf of Healthcare Realty Trust, Inc. (“the Applicant”) has filed an application for Parking Use Permit (PUP No. 0131- 2023), a request to establish a Joint Parking Use Permit at the Saddleback Professional Center located at 24012 Calle de la Plata in the Village Commercial zoning district (“Project”); and
WHEREAS, the Project is hereby found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of Title 14, Chapter 3 of the California Code of Regulations. This exemption applies to the permitting or minor alteration of existing structures; and WHEREAS, on July 9, 2024, the Planning Agency held a duly noticed public hearing and considered public comments and written and oral information and testimony presented by City staff, community residents, and other interested parties; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF

LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct, and are incorporated herein by reference.

SECTION 2. That Planning Agency hereby determines that the required findings by the City for approval of Parking Use Permit PUP No. 0131-2023 have been met and made as follows:

Page 516 of 590 ends

Resolution No. PA2024-07-09-X

Page 2 ends

Parking Use Permit

1. The proposed Joint Parking Use Permit is consistent with the intent and purpose of the Development Code.

2. The Joint Parking Use Permit provides a reasonable and enforceable means for all uses to share parking facilities.

3. The requirement for parking established by the Joint Parking Use Permit shall assure that the parking demands for the participating uses are continually met.

Page 517 of 590 ends

Resolution No. PA2024-07-09-X

Page 3 ends

4. The proposed use is consistent with the General Plan.

Reciprocal ingress/egress and reciprocal use of parking lot areas has already been established between the multiple medical office buildings and shared parking structure and the subject proposal is to continue and expand the shared parking facilities in support of increasing the square footage of the subject Building with medical office use. Conditions of approval ensure the use of shared parking on the site will not be materially detrimental. For example, Condition of Approval No. 12 requires the property owner to update the parking and circulation study whenever a change tenancy, or a change in the mix of uses is proposed. These requirements will ensure sufficient parking is available on the site for current and future tenants and uses.

6. The proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

If the Community Development Director determines insufficient parking exists on a site being considered for new tenants and uses due to the application of the City’s standard parking ratios, the City’s shared parking regulations contained in LHMC 9-44.070 allow property owners to base parking need on actual demand with the completion of a parking study to determine if a parking surplus exists on the property. The Applicant has submitted a parking study (“Study”) to evaluate the actual parking demand for the Project Site. When factoring in the proposed tenant mix, there is a total parking demand of 627 stalls, resulting in a surplus of 33 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s

Page 518 of 590 ends

Resolution No. PA2024-07-09-X

Page 4 ends

implementation of a shared parking approach will not result in inadequate parking now or in the future.

7. All required development standards prescribed by the Development Code can be achieved.

The Applicant, in cooperation with the property owner, has submitted a parking study (“Study”) to evaluate the actual parking demand for the Project Site. When factoring in the proposed tenant mix, there is a total parking demand of 627 stalls, resulting in a surplus of 33 parking stalls. Off-site uses in the vicinity will not be impacted by the proposed shared parking approach since the Project Site will maintain all of the improvements required to function. Condition of Approval No. 12 will allow the Community Development Director to evaluate the available parking supply for any change in tenants or change in use in the future, to ensure the Applicant’s implementation of a shared parking approach will not result in inadequate parking now or in the future.

8. The conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

NOW, THEREFORE, based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve PUP No. 0131-2023 subject to the following conditions:

General

Page 519 of 590 ends

Resolution No. PA2024-07-09-X

Page 5 ends

2. Unless the context dictates otherwise, whenever the term “this Permit” is used in the following Conditions of Approval, it shall collectively refer to the Parking Use Permit (PUP) No. 0131-2023, approved pursuant to this Resolution, as well as the plans, studies, and exhibits submitted to the City by the Applicant to describe and depict the improvements to be constructed as a part of the project, and as otherwise modified by these Conditions of Approval.

6. Failure to abide by and faithfully comply with any and all conditions of approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.

7. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.

Page 520 of 590 ends

Resolution No. PA2024-07-09-X

Page 6 ends

10.This Permit shall expire and be of no further force or effect if the Permit is not implemented within two years from July 9, 2024.

11.Within 48 hours from project approval, the Applicant shall submit to the City a check in the amount of $50.00, made payable to the Orange County ClerkRecorder, for filing the Notice of Exemption.

Joint Parking Use Permit

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. ____________________________________

DAVE WHEELER, CHAIR
ATTEST:
______________________________________

JENNIFER LEE, CITY CLERK

Page 521 of 590 ends

Resolution No. PA2024-07-09-X

Page 7 ends

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

Page 522 of 590 ends

Page 523 of 590 ends

Page 524 of 590 ends

Page 525 of 590 ends

Page 526 of 590 ends

Page 527 of 590 ends

Page 528 of 590 ends

Page 529 of 590 ends

Page 530 of 590 ends

Page 531 of 590 ends

Page 532 of 590 ends

Page 533 of 590 ends

Page 534 of 590 ends

Page 535 of 590 ends

Page 536 of 590 ends

Page 537 of 590 ends

Page 538 of 590 ends

Page 539 of 590 ends

Page 540 of 590 ends

Page 541 of 590 ends

Page 542 of 590 ends

Page 543 of 590 ends

Page 544 of 590 ends

Page 545 of 590 ends

Page 546 of 590 ends

Page 547 of 590 ends

Page 548 of 590 ends

Page 549 of 590 ends

Page 550 of 590 ends

Page 551 of 590 ends

Page 552 of 590 ends

Page 553 of 590 ends

Page 554 of 590 ends

Page 555 of 590 ends

Page 556 of 590 ends

Page 557 of 590 ends

Page 558 of 590 ends

Item No. 6.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Confirmation of 2024 Weed Abatement Cost Report
Recommendation: That the City Council That the City Council:
1) Conduct a public hearing regarding the 2024 Weed Abatement Cost Report; and

2) Adopt a Resolution entitled: "A Resolution of the City Council of the City of Laguna Hills, California, confirming the 2024 Weed Abatement Cost Report and providing for the collection of weed abatement assessments on the next regular tax bill levied against the subject parcels for municipal purposes."
Background:

The objective of the Weed Abatement Program is to declare by Resolution as a public nuisance and abate all weeds, rubbish, refuse, and dirt upon the streets, sidewalks, parkways, or private property in the City, as identified and described in the 2024 Weed Abatement List. This is done for the purpose of health and safety, management of fire hazards, and to provide a reasonable degree of fire safety to both improved and unimproved properties. The Weed Abatement Program is administered by the Public Works Department under the direction of the Public Works Director and with the assistance of Code Enforcement. The City Council adopted Resolution Nos. 2024-04-09-1 and 2024-05-14-3 in April and May of this year, respectively, which authorized the annual Weed Abatement Program.

Property owners of properties that were identified as containing materials needing abatement under this program were notified by letter dated April 10, 2024, to clear their properties by May 31, 2024. Extensive public relations efforts were made by the

Page 559 of 590 ends

Item No. 6.1
City’s Code Enforcement Officer to reduce the number of properties to be cleared by the City contractor. All properties that had not implemented weed abatement in a timely manner were also contacted by a door hanger and telephone contact to further encourage voluntary abatement compliance. City staff’s extensive efforts to assure private property compliance, in addition to good public response this year, resulted in 541 of the 542 private properties identified for weed abatement clearing their own parcels. One property owner did not abate their weeds and the City performed the necessary weed abatement as described on the attached Cost Report. The City has also completed its annual weed abatement on all City-owned properties and City easements throughout the City.

The Weed Abatement Public Hearing Notice for confirmation of 2024 Weed Abatement Cost Report was published and posted as required by state law. It is recommended that the City Council open the public hearing, receive testimony, close the public hearing and adopt the Resolution confirming the Cost Report associated with the clearing of properties as authorized.

Fiscal Impact:

The total cost to be assessed for one private property abated is $1,453.01. This cost is comprised of direct contractor charges and a City $503.01 per parcel administrative charge. The City will be reimbursed for the $1,453.01 in costs through property tax collection procedures. Weed Abatement on City owned parcels has proceeded in accordance with the FY2023/2024 Operating Budget.

Attachments:

1. Proposed Resolution Confirming the 2024 Weed Abatement Cost Report including Exhibit A, 2024 Weed Abatement Cost Report

Page 560 of 590 ends

643938.1
RESOLUTION NO. 2024-07-09-X

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, CONFIRMING THE 2024

WEED ABATEMENT COST REPORT AND PROVIDING

FOR THE COLLECTION OF WEED ABATEMENT

ASSESSMENTS ON THE NEXT REGULAR TAX BILL

LEVIED AGAINST THE SUBJECT PARCELS FOR

MUNICIPAL PURPOSES
WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024-04-09-1, thereby commencing the Weed Abatement Program for 2024 in accordance with the requirements and procedures set forth in Government Code Section 39560 et seq.; the objective of the Weed Abatement Program is to declare by resolution as a public nuisance and abate all weeds growing upon the streets, sidewalks, or private property in the City, and all rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City, as identified and described in the 2024 Weed Abatement List, for health and safety purposes, for management of fire hazards, and to provide a reasonable degree of fire safety to both improved and unimproved properties; and
WHEREAS, Resolution No. 2024-04-09-1 commenced the 2024 Weed Abatement Program by declaring the weeds, rubbish, refuse and/or dirt on specified parcels of land identified in the 2024 Weed Abatement List to be a public nuisance and authorized the City Clerk to send written notice of the proposed public nuisance abatement to all persons owning property identified and described in the 2024 Weed Abatement List and advising them to remove any and all weeds, rubbish, refuse and/or dirt that, when dry, become a fire hazard; and
WHEREAS, on April 10, 2024, the City sent the legally required notice to destroy weeds and remove rubbish, refuse, and dirt to all affected property owners identified on the 2024 Weed Abatement List; the notice provided that if the public nuisance is not abated and removed by the owners of the affected parcels of land by May 31, 2024, such nuisances will be abated and removed by City authorities in accordance with the abatement procedures set forth in Government Code §39560 et seq., in which case the cost of such removal shall be assessed upon the parcel of lands from which or in front of which such weeds, rubbish, refuse, and/or dirt are removed and that upon confirmation such cost will be constitute a lien upon such parcel or lands until paid; and
WHEREAS, the legally required mailed notice sent to the affected property owners provided that the City Council would hear and consider all property owner objections and protests to the proposed public nuisance abatement as part of a Public Hearing process conducted on May 14, 2024; and

Page 561 of 590 ends

Resolution No. 2024-07-09-X

Page 2 ends

643938.1
WHEREAS, during the May 14, 2024 Public Hearing, the City Council was to have heard and considered all objections and protests presented by property owners and other interested parties to the proposed public nuisance abatement and removal of all weeds, rubbish, refuse, and/or dirt on specified parcels identified and described in the 2024 Weed Abatement List; however, no public testimony was received; and WHEREAS, on May 14, 2024, the City Council adopted Resolution No. 2024-05-14-3, thereby: 1) determining not to allow any objections; 2) issuing an abatement order and authorizing the Public Works Director to abate and remove by use of City authorities all weeds, rubbish, refuse, and/or dirt on specified parcels as identified and described in the 2024 Weed Abatement List; 3) acquiring jurisdiction to proceed and perform the work of weed, rubbish, refuse, and/or dirt removal on specified parcels; 4) declaring that it is the intention of the City Council to assess the amount of the City’s cost for the abatement of the public nuisances upon the specified parcels of land identified and described on the 2024 Weed Abatement List, which assessments against the respective parcels of land shall constitute a lien; and 5) ordering the Public Works Director to keep an accounting of the cost of abatement on each separate parcel of land where removal work is performed and to submit to the City Council for confirmation an itemized written report showing such abatement costs; and WHEREAS, pursuant to Resolution Nos. 2024-04-09-1 and 2024-05-14-3, the Public Works Director did abate such nuisances and/or caused the same to be abated by having such weeds removed; and
WHEREAS, the Public Works Director kept an accounting of the cost of such abatement in front of or upon each separate parcel of land in the form of an itemized cost report submitted this date to the City Council showing the cost of removing the weeds in front of or upon each separate lot, parcel, or piece of land, or both (“2024 Weed Abatement Cost Report”), said report having been posted in the manner and for the time required by law; and
WHEREAS, the City Council duly considered the 2024 Weed Abatement Cost Report, along with any objections of the property owners liable to be assessed for the abatement, on this 9th day of July 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA

HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council has received and considered the 2024 Weed Abatement Cost Report prepared by the Public Works Director, which is attached hereto as Exhibit “A”, and hereby confirms the report without modification.

Page 562 of 590 ends

Resolution No. 2024-07-09-X

Page 3 ends

643938.1
SECTION 2. The City Clerk is hereby directed for each subject parcel, to record this Resolution in the office of the County Recorder and also to promptly forward a certified copy of this resolution confirming the 2024 Weed Abatement Cost Report along with a certified copy of the 2024 Weed Abatement Cost Report to the Orange County Auditor-Controller and County Tax Collector, who shall add the amount of the assessments to the next regular tax bill levied against the subject parcels for municipal purposes.

PASSED, APPROVED, AND ADOPTED this 9th day of July 2024. ____________________________________

DAVE WHEELER, MAYOR
ATTEST:
____________________________

JENNIFER LEE, CITY CLERK

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF LAGUNA HILLS )
I, Jennifer Lee, City Clerk of the City of Laguna Hills, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 2024-07-09-X adopted by the City Council of the City of Laguna Hills, California, at a regular meeting thereof, held on the 9th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(SEAL)
_____________________________________

JENNIFER LEE, CITY CLERK

Page 563 of 590 ends

643938.1
Resolution No. 2024-07-09-X
Exhibit A
2024 Weed Abatement Cost Report
Exhibit A
(Privately Owned Parcels)
AP Number: Address: Work
Date:

Hand Work
Cleared (sf):

Mow Work
Cleared (sf):

Admin.

Fee:

Hand
Charges:

Mowing
Charges:

Debris
Removal
Charges:

Total Charged: City/District
Code:
588-141-06 Behind 23092 Mill Creek Rd 6/4/2024 2400.00 0 $503.01 $950.00 $0 $0 $1,453.01 081

Page 564 of 590 ends

Item No. 7.1.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Jarad Hildenbrand, City Manager
Issue: Approval of Design and Budget for 3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture
Recommendation: That the City Council:
1) Approve the 3/5 Memorial Sculpture Design;
2) Authorize the Mayor to execute the Amended and Restated Agreement to Commission Original Work of Art with Brittany Ryan Studio, LLC; and 3) Allocate all available Public Art Funds to the 3/5 Memorial Sculpture, and transfer $48,000 from the City’s unassigned General Fund balance to the Public Art Fund, and direct the Finance Director to amend the budget accordingly.

Background:

The Laguna Hills City Council voted unanimously in 2008 to adopt the 3rd Battalion, 5th Marines (commonly known as Darkhorse) based at Camp Pendleton. The purpose of the adoption was to generate ongoing community support for the Battalion’s Marines, Sailors, and their families, both when the Darkhorse Battalion is at Camp Pendleton and when they are deployed. Following the City Council’s adoption, Laguna Hills Team Darkhorse was formed. Team Darkhorse is a 501(C)(3) non-profit organization dedicated to providing encouragement, relief, and comfort to the 3/5 Marines, Sailors, and their families.

In 2012, the annual Laguna Hills Memorial Day Half Marathon was officially named in honor of Darkhorse Marines. In 2014, Team Darkhorse created tribute banners

Page 565 of 590 ends

Item No. 7.1.1
displayed on City streets to honor each of the 25 Marines who died in the 2010 Sangin, Afghanistan deployment. Team Darkhorse and members of the 3/5 are present at nearly all City events.

Over the years, the story and partnership have evolved. In March 2022, the City Council established the 3/5 Battalion Memorial Ad Hoc Committee—comprised of then Mayor Heft and Council Member Caskey—to develop a permanent monument in the plaza area at the Laguna Hills Civic Center to recognize the 3/5 Battalion and our Nation’s Armed Forces.

On June 27, 2023, the City Council approved a contract with Brittany Ryan Studios (Artist) to commission the original sculpture. Since then, the 3/5 Ad Hoc Committee has met several times, consulting with the Artist, Marines from the unit, and representatives of Team Darkhorse to obtain their input and guidance regarding the design, theme, and narrative of a memorial monument. At a meeting on August 28, 2023, the 3/5 Ad Hoc Committee, Team Darkhorse, and members of the 3/5 unanimously selected a conceptual sketch rendering.

At the September 12, 2023 meeting, the City Council accepted the proposed sculpture conceptual renderings. Since then, based on the approved conceptual renderings, the Artist has fabricated a 12” maquette for approval by the City’s 3/5 Battalion Memorial Ad Hoc Committee, and now has fabricated a 30” version of the proposed bronze sculpture for approval by the City Council.

The proposed sculpture includes two arched 16’ by 5’ bronze relief-style sculptures depicting a landscape and figures of Marines in Sangin. One arch features a group of Marines engaging enemy positions. The scene is set against a rugged terrain backdrop similar to Sangin, with the Marines positioned in various poses, reflecting the intensity and solemnity of their situation. The other arch features Marines walking along a path in Ranger file while conducting a patrol, an almost daily occurrence in Sangin. The bronze sculpture will be mounted to a concrete base. The intricacy of the details and the realistic portrayal of the Marines convey a powerful narrative, emphasizing themes of bravery, struggle, and camaraderie.

The sculpture is proposed to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3rd Battalion, 5th Marines (3/5 Battalion), celebrating and honoring their bravery, heroism, victories, and many sacrifices, and in recognition of our Nation’s Armed Forces.

Upon approval of the 30” version of the proposed bronze sculpture, the Artist will begin

Page 566 of 590 ends

Item No. 7.1.1
the final sculpting phase, which is expected to take up to 9 months. During this phase, the Artist will create the three-dimensional sculpture forms by shaping and combining materials. Once the sculpting phase is completed, the Artist will begin the molding and casting phase, which is expected to take an additional 9 months. Molding is the process of creating a negative impression of the sculpted object to reproduce it, and casting is the process of creating a positive reproduction of the original sculpture using the mold.

Each phase requires attention to detail and specific skills, and mastering these techniques allows for the creation of intricate and precise reproductions of original sculptures.

Fiscal Impact:

The City Council has allocated $150,000 from the Special Revenue Public Art Funds for the sculpture project, with $15,000 already spent. The total fee for the completed bronze sculpture is $625,000.

Currently, the City’s Public Art Fund balance is approximately $562,000, of which $135,000 is allocated to the sculpture project. To cover the cost of the bronze sculpture, it is recommended that the City Council allocate all available Public Art Funds to the 3/5 Memorial Sculpture. Additionally, it is recommended to transfer $48,000 from the City's unassigned General Fund balance to the Public Art Fund, and direct the Finance Director to amend the budget accordingly.

The City will be responsible for all costs related to transporting the finished bronze sculpture from the foundry to the installation site at the Laguna Hills Civic Center Plaza.

This includes all costs associated with the installation, such as site preparation, the creation of the wall or base structure for mounting the sculpture, and the surrounding landscape and lighting in consultation with the artist. The City plans to engage a landscape architect to provide conceptual designs for City Council approval before developing construction plans and documents for bidding. However, the costs and funding for this work have not been identified.

Attachments:

1. Sculpture Renderings and Site Map

2. Amended and Restated Agreement with Brittany Ryan Studios

Page 567 of 590 ends

Page 568 of 590 ends

Page 569 of 590 ends

Location Map

Page 570 of 590 ends

1 1776546.1

AMENDED AND RESTATED AGREEMENT TO

COMMISSION ORIGINAL WORK OF ART
Laguna Hills Public Art Program
(3rd Battalion, 5th Marines Darkhorse Bronze Memorial Sculpture)

THIS AMENDED AND RESTATED AGREEMENT FOR CREATION, SALE, AND ASSIGNMENT OF ALL RIGHTS IN ARTISTIC WORK (the "Agreement") is made and entered into as of this 9th day of July 2024, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of California (“City”), and BRITTANY RYAN STUDIO, LLC, a Nevada Limited Liability Company (“Artist”). City and Artist are sometimes hereinafter referred to as “Party” and are hereinafter referred to collectively as the “Parties.”

RECITALS
A. The City requires the services of an experienced and reputable artist with specialized expertise in designing, creating, and fabricating bronze memorial sculptures for the Laguna Hills Public Art Program.

B. The City wishes to commission the design, creation, and fabrication of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation’s Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the “Project”).

C. The 3/5 Battalion, nicknamed “Darkhorse,” is based in nearby Camp Pendleton, was formally adopted by the Laguna Hills City Council in 2008.

D. Artist is qualified by virtue of her experience, education, training, expertise, and reputation to design, create, and fabricate original works or art and to provide the necessary artistic services to City for the Project and has agreed to provide such services, and City desires to retain the services of Artist for the Project.

E. The purpose of this Agreement is to set forth the terms and conditions under which the City will commission and Artist will design, create, and fabricate, and supervise the installation of, an original work of art for the Project consisting of a large-scale bronze sculpture in honor of the 3/5 Battalion to be displayed outdoors in the Laguna Hills Civic Center Plaza , and transfer to City all of the rights in the commissioned artwork created by Artist as hereinafter provided.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Page 571 of 590 ends

2 1776546.1

AGREEMENT
Section 1. Description of Commissioned Art.

A. Commissioned Art. Brittany Ryan is a locally known artist and sculptor (“Artist”).

The Artist is hereby commissioned by the City to design, create, fabricate, and supervise the installation of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation’s Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the “Work”). Artist shall perform all services described in the Scope of Services required under this Agreement to the highest professional standards and in a manner reasonably satisfactory to the City. All services rendered under this Agreement shall be provided by Artist in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder. The Work shall be a work for hire. The Scope of Services is attached hereto as Exhibit “A” and is incorporated herein by reference.

B. Familiarity with Work. By executing this Agreement, Artist warrants that Artist (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Work should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the services and Work under this Agreement.

If the services and Work involve work upon any site, Artist warrants that Artist has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any services hereunder. Should Artist discover any latent or unknown conditions that will materially affect the performance of the services and Work hereunder, Artist shall immediately inform the City Representative of such fact and shall not proceed except at Artist’s risk until written instructions are received from the City. Notwithstanding the foregoing, City understands and acknowledges that Artist is not an expert in construction or soil analysis, erosion, or ground settlement and therefore relies on City to select a suitable and appropriate outdoor site for displaying the Work.

Section 2. Artist’s Work Schedule.

The Artist shall complete the Work in accordance with the Schedule of Performance attached hereto as Exhibit “C” and incorporated herein by reference, along with any other work schedule and/or project timeline agreed upon in writing by the City and Artist.

Section 3. Compensation.

As full payment for Artist’s services for performing the Scope of Services, including the completed Work, and for all rights granted or waived by the Artist pursuant to this Agreement, and subject to the conditions set forth herein, the City shall pay the Artist a total amount not to exceed Six Hundred and Twenty-Five Thousand Dollars ($625,000.00) (“Artist’s Fee”). The Artist’s Fee is more particularly described in Payment and Payment Schedule, which is attached hereto as Exhibit “B” and is incorporated herein by reference. Payments shall be made by City in

Page 572 of 590 ends

3 1776546.1
accordance with the Payment Schedule set forth in Exhibit “B”. City shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deduction from each payment made to Artist. Upon payment, Artist shall sign a written acknowledgement of receipt of said monies and such document shall be incorporated in this Agreement. No claims for additional services performed by Artist that are beyond the Scope of Services will be allowed unless such additional work is authorized by the City in writing prior to the performance of such additional services. Under no circumstances shall City be required to pay Artist for any services or Work that has not been completed to the reasonable satisfaction of the City.

Section 4. Personnel, Facilities, and Equipment.

Artist agrees that she will be responsible for completing all services described in the Scope of Services and for providing the personnel necessary for such services. Artist shall be solely responsible for the satisfactory work performance of the personnel engaged in performing the services required by this Agreement. Artist shall, at her sole cost and expense, furnish all facilities and equipment that may be required for creating the Work pursuant to this Agreement.

Section 5. Term and Timelines.

Artist shall commence performing the Scope of Services on the Commencement Date (See Exhibit “C”, Schedule of Performance) and shall perform all services and produce all Work in conformance with the Schedule of Performance set forth in Exhibit “C”, which is attached hereto and is incorporated herein by reference. City acknowledges that any material changes to the Work requested by City, or delays in granting approvals by City, may result in Artist being unable to meet the timelines set forth in Exhibit “C”, as such delays are beyond the control of Artist. In the event of such delay, Artist will not be held responsible for a failure to meet the Schedule of Performance set forth in Exhibit “C”. This Agreement shall be effective when fully executed by the Parties and shall terminate when the Scope of Services are completed, unless sooner terminated as provided in Section 18 herein.

Section 6. City Representative.

For purposes of this Agreement, the contract administrator and City representative shall be the City Manager (hereinafter the “City Representative”). It shall be the Artist’s responsibility to ensure that the City Representative is kept fully informed of the progress made in performance of the services and the production and delivery of the Work pursuant to this Agreement. Artist shall timely refer any decisions which must be made by the City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

Section 7. Transfer of Rights of Reproduction.

Artist hereby transfers all rights of reproduction, as that term is defined in California Civil Code Section 982, in the fine art Work, including but not limited to the right to claim statutory copyright in the Work and the right to reproduce the Work in any manner whatsoever for

Page 573 of 590 ends

4 1776546.1
commercial and non-commercial purposes. Hereinafter, Artistshall not acquire or claim any rights in or to the Work, any uses, reproductions, or derivatives thereof or any proceeds therefrom.

Section 8. Waiver of Moral Rights.

Artist hereby waives, releases, and disclaims any rights, demands, or claims as may arise at any time and under any circumstances against City, its officers, employees, agents, successors, and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal, or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. Section 106A, California Civil Code Section 987 et seq., or any other type of moral right protecting the integrity of works of art. Artist acknowledges and agrees that City, in it sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change, or destroy the Work.

Section 9. Copyrights.

Artist hereby irrevocably assigns exclusively to City, and its successors and assigns, all right, title, and interest in the copyright of the Work, and all extensions and renewals thereof in the United States and in all foreign countries. Artist hereby waives all moral rights relating to each such Work including, but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction, or limitation on use or subsequent modifications. From time to time upon City’s request, Artist shall confirm such assignment by execution and delivery of such assignments, confirmations of assignment, or other written instruments as City may request. City, and its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for the Work.

Section 10. City’s Sole and Exclusive Ownership Rights.

A. Ownership of Works. Artist shall not retain ownership of or any right, title, or interest in any of the Work, including, but not limited to, in any related trademarks, copyrights, or other proprietary rights. The Parties agree that the Work and all such rights, title, and interest in or to the Work shall belong to and are being sold and assigned in their entirety to the City for whatever use it desires, and that City does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title, and interest in and to all of the Work worldwide, any modifications thereto and any derivative works based thereon (including, but not limited to, all patent, copyright, trademark, service mark, and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in City. The Parties further agree that City will be free to use, modify, distribute, sell, license, or otherwise exploit all such Work and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to Artist and that Artist shall have no such rights.

Section 11. Originality of Work.

Page 574 of 590 ends

5 1776546.1
Artist hereby represents and warrants that (i) the Work is and will be original; (ii) at the time of transfer hereunder, Artist is the sole owner of the Work and of all rights therein including copyright, trademark, and other proprietary rights therein; (iii) Artist is and will be the sole creator of the Work; (iv) Artist has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(v) Artist is not under any obligation to transfer or sell any of the Work to any third party; (vi) the Work has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark, or other proprietary rights therein; and (vii) the Work does not and will not infringe any patent, copyright, trademark, or other proprietary rights, privacy rights, or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against Artist (or, insofar as Artist is aware, against any entity from which Artist has obtained any rights).

Section 12. Risk of Loss.

Artist bears the sole risk of damage to or loss of the Work to be produced by Artist pursuant to this Agreement until such Work is delivered to and received by the artworks foundry, anticipated to be located in Oxnard, California, and the City accepts such Work as satisfactorily completed pursuant to the Scope of Services set forth in Exhibit “A”.

Section 13. Maintenance and Warranty of Works.

A. Artist shall provide City with a written description of a recommended routine maintenance program for the Work, if Artist determines that such routine maintenance of the Work may be required.

B. Artist hereby warrants that the Work will be free of defects in workmanship (due to faulty design, fabrication, and/or installation), materials and finish, including inherent vice, and that the Artists will, at the Artist’s own expense, remedy, repair, or replace any such defects in workmanship, materials, and finish, including inherent vice, and if necessary replace the Work, which appear within a period of ten (10) years of the date the Work is delivered to and accepted by the City. The term “inherent vice,” as used in this section, shall mean a quality within the material or materials which comprise the Work which, either alone or combination, results in the tendency of the Work, including without limitation the finish, to deteriorate.

Section 14. Artist’s Credit.

Upon written request by the City, a public notice, approved in advance by the City Representative, including the Artist’s name and website and mention of the City’s sole ownership of the Work, shall be designed by the Artist and publicly displayed with the Work.

Section 15. Indemnification.

To the fullest extent permitted by law, Artist shall defend (at Artist’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all

Page 575 of 590 ends

6 1776546.1
liabilities, actions,suits, claims, demands, losses, costs, judgments, arbitration awards,settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Artist’s employees, agents, and volunteers included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to the negligence, recklessness, or willful misconduct of Artist, her agents, employees, volunteers, or subcontractors, or arise from Artists negligent, reckless, or willful performance of or failure to perform any term, provision, covenant, or condition of this Agreement, but excluding such Claims arising from the negligence, recklessness, or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

Notwithstanding the foregoing, the indemnification under this section shall not include any personal injuries sustained by members of the public or third parties after the Work has been installed at its permanent location in the Laguna Hills Civic Center.

Section 16. Independent Contractor.

Neither City nor any of its employees shall have any control over the manner, mode, or means by which Artist, her agents, employees, or volunteers, perform the services required herein, except as otherwise set forth herein. Artist shall perform all services required herein as an independent contractor of the City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Artist’s final work product. Artist shall not at any time or in any manner represent that she or any of her agents or employees or volunteers are agents or employees of City.

Section 17. Addresses for Notices.

Any notice, bills, invoices, demand, or document which any Party is required or may desire to give or deliver to the other hereunder, shall be in writing and may be delivered personally or given by facsimile or overnight courier service, postage prepaid, addressed as follows:

To Artist: Brittany Ryan Studios, LLC
Attention: Brittany Ryan, Artist
22221 Camino Tiburon
Laguna Hills, California 92653

To City: City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
Facsimile: (949) 707-2633
Either Party shall have the right to designate a different address by written notice similarly given. Any notice, demand, or documents shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during the party’s regular business hours; or (b) the

Page 576 of 590 ends

7 1776546.1
day of delivery if delivered by facsimile during the parties’ regular business hours. City assumes no responsibility to search for Artist if Artist cannot be reached at the address of record.

Section 18. Termination.

A. City shall have the right to terminate this Agreement, with or without cause, upon ten (10) calendar days written notice to Artist. If terminated, Artist agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted Work up to the date of receipt of written notice of termination shall become the property of City.

B. In the event of termination of this Agreement by City, due to no fault or failure of performance by Artist, Artist shall be compensated based on the percentage of services satisfactorily performed and/or the Work satisfactorily produced at the time of termination. In no event shall Artist be entitled to receive more than the amount that would be paid to Artist for the full performance of the services and the Work required by this Agreement.

Section 19. Attorneys' Fees.

In the event either Party shall commence any action against the other Party relating to this Agreement, or for the breach of any obligation contained herein, the prevailing Party shall be entitled to recover from the losing Party reasonable attorneys' fees, expenses, and court costs.

Section 20. Prohibition Against Assignment.

Artist shall not delegate, transfer, subcontract, or assign her duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Artist. The City understands and acknowledges that Artist anticipates to have the Work fabricated by a foundry located in Berkeley, California.

Section 21. Successors and Assigns.

The terms of this Agreement shall be binding upon and inure to the benefit of the respective heirs, successors in interest, and assigns of the Parties hereto.

Section 22. Entire Agreement.

This Agreement represents the entire integrated agreement between the City and the Artist, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both the City and the Artist.

Section 23. Severability.

Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court

Page 577 of 590 ends

8 1776546.1
of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 24. Governing Law; Jurisdiction.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the Parties, venue in State trial courts shall be exclusively in Orange County, California. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California.

Section 25. Execution.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

Section 26. Authority.

Each of the undersigned individuals represent and warrant that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

Section 27. Recitals.

The recitals above are hereby incorporated by reference in the Agreement as though fully set forth herein, and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
[SIGNATURES ON NEXT PAGE]

Page 578 of 590 ends

9 1776546.1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
“CITY”
CITY OF LAGUNA HILLS, a California
municipal corporation

DAVE WHEELER,
Mayor
ATTEST:
(SEAL)

JENNIFER LEE,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

GREGORY E. SIMONIAN,
City Attorney

JARAD L HILDENBRAND,
City Manager

Page 579 of 590 ends

10 1776546.1
“ARTIST”
BRITTANY RYAN STUDIO, LLC, a
Nevada Limited Liability Company
BRITTANY RYAN, Artist

Page 580 of 590 ends

1 1776546.1
EXHIBIT “A”

SCOPE OF SERVICES
COMMISSIONING OF ORIGINAL WORK OF ART: The Artist is hereby commissioned by the City to design, create, fabricate, and supervise the installation of a large-scale bronze memorial sculpture to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation’s Armed Forces and the special relationship between this marine battalion unit and the City of Laguna Hills (the “Work”).

MEDIUM: Bronze sculpture.

DISPLAY LOCATION: Laguna Hills Civic Center, Outdoor Plaza Area, 24035 El Toro Road, Laguna Hills, California 92653.

DESCRIPTION OF COMMISSIONED ARTWORK: Two arched 16’x5’ bronze relief style sculptures depicting a landscape and figures of Marines in Afghanistan to be displayed outdoors in the plaza area at the Laguna Hills Civic Center to recognize the United States Marines of the 3rd Battalion, 5th Marines (3/5 Battalion) in celebration and honor of their bravery, heroism, victories, and many sacrifices and in recognition of our Nation’s Armed Forces.

COMMISSIONING PROCESS AND PROCEDURE:
► Artist shall provide City up to five (5) preliminary sketch renderings/drawings of the proposed bronze sculpture for submission to and approval by the City’s 3/5 Battalion Memorial Ad Hoc Committee.
► Artist shall participate in a review of the preliminary sketch renderings of the proposed sculpture with the City’s 3/5 Battalion Memorial Ad Hoc Committee. ► The final sketch rendering of the proposed bronze sculpture shall be subject to review and approval by the City Council.
► Upon acceptance of the final completed sketch rendering of the proposed bronze sculpture, Artist shall design, create, and fabricate up to two rounds of changes to a 12” maquette for approval by the City’s 3/5 Battalion Memorial Ad Hoc Committee.

► Upon approval of the 12” maquette by the City’s 3/5 Battalion Memorial Ad Hoc Committee, Artist shall create and fabricate a 30” version of the proposed bronze sculpture for approval by the City Council.
► Upon approval of the 30” version of the proposed bronze sculpture, Artist shall begin the final version of the sculpture.

Page 581 of 590 ends

2 1776546.1
► Artist shall be responsible for transportation of the proposed sculpture mold to the artwork’s foundry.
► City shall be responsible for all costs related to the transportation of the finished bronze sculpture from the foundry to the installation site at the Laguna Hills Civic Center Plaza, including the procurement of insurance.
► City shall be responsible for all costs related to the installation of the finished bronze sculpture, including lighting, leveling, creation of wall/base structure the bronze will be mounted to, and surrounding landscape, in consultation with Artist. Artist shall supervise the installation of the finished bronze sculpture.
► Upon delivery and installation of the completed Work and acceptance of the by the City, City shall assume ownership and control of the Work.
► Upon completion of the Work, Artist shall provide City with a detailed written schedule and instructions for the routine care, maintenance, and preservation of the Work. All maintenance and routine care shall be the responsibility of the City in all respects. ► Artist shall participate as requested by the City in a ribbon-cutting ceremony and/or media outreach.

Page 582 of 590 ends

1 1776546.1
EXHIBIT “B”

PAYMENT AND PAYMENT SCHEDULE
Asfull payment for Artist’sservicesfor performing the Scope of Services, including the completed Work, and for all rights granted or waived by the Artist pursuant to this Agreement, and subject to the conditions set forth in the Agreement, the City shall pay the Artist a total amount not to exceed Six Hundred and Twenty-Five Thousand Dollars ($625,000.00) (“Artist’s Fee”), which sum shall include all costs associated with Artist designing, creating, fabricating, supervising the installation of the Work.

Artist will be paid by City the specified installment payments set forth below upon submitting an invoice and documentation substantiating satisfactory completion of each phase of the Work as described below. Each invoice from Artist to City shall include a written progress summary report with a detailed narrative discussion of all project activities and progress occurring during the reporting period, as well as photographic or schematic documentation substantiating completion of each work phase. Progress payments shall be made by City as follows:

Payment 1: Amount
$15,000
Paid by City on XXXX.

Payment 2: Amount
$210,000
Progress payment due and payable upon the initiation of Creating/Sculpting Phase.

Payment 3: Amount
$100,000
Progress payment due and payable upon the initiation of Molding Phase.

Payment 4: Amount
$250,000
Progress payment due and payable upon the initiation of Casting Phase.

Payment 5: Amount
$50,000
Final payment due upon the installation of sculpture and acceptance by City.

Total Payments: $625,000

Page 583 of 590 ends

1 1776546.1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE

TIMELINE ACTIVITY ARTIST WORK TIME
DESIGN PHASE Contract Approval Signed June 27, 2023
Design Drawings presented to
City for approval
1-2 Months
12” maquette presented to the
City for approval
1 Month
30” version of Sculpture
presented to City for approval
1-2 Months

SCULPTING
PHASE
Scanning and foam enlargement 1 Month
Final size version of sculpture 6-9 Months

MOLDING &

CASTING PHASE
Molding 1-2 Months
Casting 6-9 Months
FINAL Final installation of sculpture 1 Month
(Overall anticipated timeline 18-27
months)

Page 584 of 590 ends

Item No. 8.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Janine Heft, Council Member
Don Caskey, Council Member
Issue: Exploring the Potential of a Digital Billboard at the Former Globe Property (APN: 616-022-04)
Recommendation: Council Members Heft and Caskey recommend that the City Council direct staff to explore the potential of a digital billboard at the former Globe Property (APN: 616-022-04).

Background:

In accordance with City Council Policy 120, Councilmembers Heft and Caskey have added this item to the agenda.

As Laguna Hills seeks innovative ways to increase revenue and enhance community engagement, digital billboards present a promising opportunity. This report seeks the City Council’s support to explore the development, construction, operation, and maintenance of a digital billboard on the former Globe Property (APN: 616-022-04) Revenue Generation
One of the primary advantages of installing a digital billboard on the former Globe Property is the significant revenue potential. Drawing from similar projects, such as the cities of Westminster and Fountain Valley, the minimum annual revenue guarantee to be collected could exceed $700,000. This steady revenue stream could be allocated to various City projects, including infrastructure improvements, public safety services, and community programs, ultimately enhancing the quality of life for residents.

Page 585 of 590 ends

Item No. 8.1
Strategic Location
The former Globe Property is City-owned and ideal for the installation of a digital billboard (site map attached). Positioned to capture traffic from I-5, this site can maximize visibility and impact. The location ensures that both residents and visitors are exposed to the dynamic content displayed, increasing the effectiveness of the messaging and advertisements. At approximately 8,300 square feet, the property may be declared exempt surplus lands under recent amendments to the Surplus Lands Act.

Enhanced Communication and Community Engagement
Digital billboards offer dynamic content capabilities, enabling the City to communicate important information effectively. This includes emergency alerts, public service announcements, and community event promotions. The flexibility to update content in real-time ensures that residents and visitors are always informed about critical updates and opportunities, fostering a more connected community.

Economic and Developmental Impact
The presence of digital billboards on the former Globe Property can also stimulate local economic activity. Businesses can utilize the advertising space to reach a broader audience, driving traffic to local establishments. This can lead to increased sales and potentially attract new businesses to the area, contributing to economic growth and job creation.

Conclusion
The City of Laguna Hills stands to gain substantial benefits from the development of a digital billboard at the Globe Property. The significant revenue potential, coupled with enhanced communication capabilities and economic benefits, presents a compelling case for consideration.

It is recommended that the City Council approve the preliminary steps to explore this opportunity further. This includes issuing a Request for Proposals (RFP) to identify potential partners, conducting a thorough evaluation of the proposals received, and engaging with stakeholders to address any concern. By doing so, Laguna Hills can harness the advantages of digital billboards, contributing to the City's growth and prosperity while maintaining its commitment to community engagement and environmental stewardship.

Page 586 of 590 ends

Item No. 8.1
CEQA Findings:

None at this time.

Fiscal Impact:

There is no fiscal impact with this item.

Attachments:

1. Site Map of former Globe Property

Page 587 of 590 ends

Former Globe Property

Page 588 of 590 ends

Item No. 9.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: July 9, 2024
To: Mayor and Council Members
From: Jennifer Lee, City Clerk
Issue: Committee Assignment Reports
Recommendation: That the City Council receive reports from City Council Members on the City Council Committee Assignments listed in the staff report.

Background:

The following are recent meetings and events attended by the City Council for their City Council Committee Assignments.

Southern California Association of Governments (SCAG)
Community, Economic & Human Development Committee
Council Member Caskey
June 6, Regular Meeting
Orange County Fire Authority (OCFA)
Board of Directors
Mayor Pro Tempore Sweeney
June 27, Regular Meeting
Association of California Cities - Orange County (ACC-OC) Legislative & Regulatory Committee
Mayor Wheeler
June 27, Regular Meeting

Page 589 of 590 ends

Item No. 9.1
Fiscal Impact:

The City does not provide any additional compensation to City Council Members for serving on outside agency boards or committees.

Attachments:

None

Page 590 of 590 ends

Laguna Hills City CouncilJuly 9, 2024

Laguna Hills City Council
July 9, 2024