CITY OF LAGUNA HILLS
Supplemental Agenda Material Memo
Supplemental Agenda Materials related to an item on a City Council Agenda, submitted to the City Council after distribution of the agenda packet, will be available for public inspection at the same time the materials are distributed to the City Council. Supplemental Agenda Materials are available for inspection during normal business hours in the City Clerk’s office located at 24035 El Toro Road, Laguna Hills, California. In addition, such materials will be made available for public review at the same time the materials are distributed to the City Council on the City’s website at: https://lagunahillsca.portal.civicclerk.com/ and at the respective public meeting.
DATE: September 22, 2025
TO: City Council
City Staff
FROM: Jennifer Lee, City Clerk
SUBJECT: Agenda Item No. 5.5.2 – Site Development Permit (SDP)/Parking Use Permit (PUP) No. USE-0147-2023, a Request by Nick Buchanan, on Behalf of La Paz Village Investors, LLC, for Approval of a 180-Unit Senior Living Development With a 253-Stall Parking Structure on an Approximately 2.55 Gross Acre Parcel Located at 25254 and 25260 La Paz Road (APN No. 620-211-17) Within the La Paz Village Center, Generally Located at 25250 – 25260, 25732, 25758 La Paz Road
Nick Buchanan of La Paz Village, LLC, applicant for the La Paz Village senior housing project provided the attached architectural renderings of the project.
Attachments:
La Paz Village Architectural Renderings
CITY OF LAGUNA HILLS
Supplemental Agenda Material Memo
Supplemental Agenda Materials related to an item on a City Council Agenda, submitted to the City Council after distribution of the agenda packet, will be available for public inspection at the same time the materials are distributed to the City Council. Supplemental Agenda Materials are available for inspection during normal business hours in the City Clerk’s office located at 24035 El Toro Road, Laguna Hills, California. In addition, such materials will be made available for public review at the same time the materials are distributed to the City Council on the City’s website at: https://lagunahillsca.portal.civicclerk.com/ and at the respective public meeting.
DATE: September 23, 2025
TO: City Council
City Staff
FROM: Jennifer Lee, City Clerk
SUBJECT: Agenda Item No. 5.5.2 – Site Development Permit (SDP)/Parking Use Permit (PUP) No. USE-0147-2023, a Request by Nick Buchanan, on Behalf of La Paz Village Investors, LLC, for Approval of a 180-Unit Senior Living Development With a 253-Stall Parking Structure on an Approximately 2.55 Gross Acre Parcel Located at 25254 and 25260 La Paz Road (APN No. 620-211-17) Within the La Paz Village Center, Generally Located at 25250 – 25260, 25732, 25758 La Paz Road
The conditions of approval included in the proposed Resolution for Public Hearing Item No.
5.5.2 have been revised. Please consider the attached revised version of the conditions of approval when making a motion or casting your vote for the public hearing item.
Attachments:
La Paz Village Revised Conditions of Approval – REDLINES La Paz Village Revised Conditions of Approval - CLEAN
USE-0147-2023 – La Paz Village
Conditions of Approval
1. The following Conditions of Approval (“Conditions”) shall be binding and enforceable against, and, whenever used herein, the term “Applicant” shall mean and refer to, each of the following: the project applicant, Nick Buchanan, on behalf of La Paz Village Investors, LLC, the owner(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 USE-0147- 2023 (SDP/PUP) approved pursuant to this Resolution. The City reserves the right to seek to revoke this Permit for violations of 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 presented at the September 23, 2025, meeting of the Laguna Hills Planning Agency (Plan or Plans), and other studies and exhibits submitted to the City by the Applicant to depict the improvements to be constructed on the Applicant’s property, consisting of an approximately 2.5-acre parcel located at 25254 and 25260 La Paz Road (APN 620-211-17) (the “Subject Property”) and the adjacent parcels located at 25250 and 25252 La Paz Road (APNs 620-211-18 and 620-211-15), and 25732 and 25758 La Paz Road (APN 620-211-09) as part of the Project, as modified by these Conditions of Approval.
4. The application is a plan for location and design of uses, structures, features, and materials submitted by this application and shown on the approved plans.
Development shall be consistent with the approved Plans, as modified by these Conditions of Approval, and all applicable architectural design guidelines and all other development standards specified in the Laguna Hills Municipal Code (“LHMC”). Any material relocation, alteration, modification, or addition to any use, structure, feature, or material, not specifically approved shall require an application for a Changed Plan (CP) to USE-0147-2023 (SDP/PUP), unless the Community Development Director (“Director”) determines the proposed change is consistent with the provisions and the spirit and intent of the original approval. The Director may approve minor modifications to these Conditions of Approval through the Changed Plan process.
5. 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 if the Applicant takes any actions or asserts any position with which the City disagrees, the City shall be entitled to appoint its own attorney at its own expense. 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.
6. Except as otherwise mandated by State law, which includes, but is not limited to, the rights afforded by the Housing Accountability Act and the Builder’s Remedy, 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 in effect as of December 14, 2022.
Approval does not include any action or findings as to compliance or approval of the Project regarding any other applicable ordinance, regulation, or requirement.
7. Approval of this Permit is expressly conditioned on the Applicant’s written agreement with these conditions of approval. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval, or this Permit and all rights granted hereunder shall not be effective.
8. The conditions of Project approval set forth herein include certain development impact fees and other exactions. Such fees and exactions are considered vested as of the date of the submittal of the SB330 application on December 14, 2022. Otherwise, the Mitigation Fee Act, including but not limited to, Government Code §66020(d), applies and these conditions constitute written notice of the amount of such fees. The Applicant is hereby notified that the 90- day period in which the Applicant may protest the fees, dedications, reservations, or exactions imposed on this Project through the Conditions of Approval, commencing from the date of approval of the Project, has begun.
The Project is subject to the following development impact fees in effect as of December 14, 2022:
a. Citywide Park Fee of $15,636.00 per unit pursuant to LHMC Chapter 8.07 and City Council Resolution No. 2018-11-13-3.
9. Pursuant to City Council Resolution No. 2017-07-11-2, the Applicant shall reimburse the City for any outstanding fees for processing of this Permit within 60 days of the Planning Agency’s approval. The Applicant shall be responsible for payment of all applicable, posted fees pertaining to development of the Project pursuant to the City’s Comprehensive Fee Schedule. All outstanding fees and expenses shall be paid in full prior to a final inspection of the Project improvements.
10. Unless a time extension is granted pursuant to Laguna Hills Municipal Code Section 9-92.080(L), this Permit shall expire and be of no further force or effect if the subject development and construction necessary and incidental thereto is not initiated and commenced within two (2) years of the Planning Agency’s approval and thereafter diligently advanced until completion of the Project. In the event construction of the Project is commenced, but not diligently advanced until completion, the rights granted pursuant to this Permit shall expire if the building permits for the Project expire. Initiated and commenced is defined as issuance of a precise grading permit within two years of the date of approval of the Subject Project and commencement of grading prior to expiration of the grading permit, and subsequently, issuance of a building permit for the foundation of the building shell prior to the expiration of the grading permit and commencement of construction prior to expiration of the building permit.
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.
PLANNING DIVISION
12. The Applicant shall maintain the Subject Property in compliance with property maintenance standards as set forth in LHMC Chapter 9-74. This includes prohibitions on outdoor storage and maintenance of the premises that cause obnoxious odors.
13. No permanent overhead utilities shall be installed.
14. Prior to issuance of any grading permits, the Applicant shall submit the Project’s grading plan to the Community Development Director for review and approval.
The grading plan shall be consistent with the architectural site plan as approved
by this Permit to the reasonable satisfaction of the Community Development Director.
15. Prior to the issuance of a building permit, the Applicant shall submit a final landscape and irrigation plan to the Community Development Director for review and approval. The plan shall demonstrate compliance with the provisions of Laguna Hills Municipal Code Chapters 9-46 and 9-47 in effect on December 14, 2022, including sufficient wall screening, landscaping, planter size and shade trees along the site perimeter and within the Project parking lot, installation of “Smart” landscape irrigation controllers, low precipitation-rate sprinkler heads, and water efficient landscaping, as applicable.
16. Prior to the issuance of a building permit, the Applicant shall submit a lighting and photometric plan to the Community Development Director for review and approval. The Community Development Director may require additional lighting if lighting levels at approved pedestrian walkways and internal intersections under construction are insufficient to comply with the requirements of LHMC Chapter 9-40 in effect on December 14, 2022, when completed. The plan shall include a photometric analysis of proposed lighting and shall comply with lighting requirements of the Laguna Hills Municipal Code, including that light and glare shall not be projected beyond the boundaries of the Subject Property to the reasonable satisfaction of the Community Development Director. The City may withhold issuance of a Certificate of Use and Occupancy for any building or portion thereof if the lighting associated with such building has not been installed.
17. Outdoor security and other lighting shall be designed and maintained so as not to illuminate beyond the Subject Property to the reasonable satisfaction of the Community Development Director. All exterior lights shall be focused inward and away from surrounding uses and adjacent residential properties. Prior to the issuance of a building permit, the Applicant shall provide an updated photometric plan showing compliance with the Laguna Hills Municipal Code.
Pursuant LHMC Section 9-40-170, exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use served.
18. Prior to issuance of a Certificate of Use and Occupancy, the Applicant shall submit a Master Sign Program for review and approval pursuant to Laguna Hills Municipal Code Chapters 9-42 and 9-92 in effect on December 14, 2022.
Signage within the parking structure shall be included as part of the Master Sign Program for the property.
19. The Applicant shall comply with all temporary and permanent sign requirements of the City’s Sign Ordinance, as specified in Laguna Hills Municipal Code Chapter 9-42 in effect on December 14, 2022. The Applicant shall not use or display any prohibited signs listed in LHMC Section 9-42.260.
20. Prior to the issuance of a building permit, the Applicant shall submit a striping and signage plan that includes information demonstrating compliance with the requirements of Subsection K of Laguna Hills Municipal Code Section 9-44.060 (Design standards for parking facilities) in effect on December 14, 2022.
Subsection K establishes criteria that apply to the siting of all parking facilities, whether above or below grade in structures or at surface level. The plan shall be reviewed and approved as part of the building permit review process.
21. This Permit only authorizes use of the Subject Property as an independent living, age restricted, rental apartment development and does not authorize the establishment of a Community Care Facility or Residential Care Facility, as defined in LHMC Chapter 9-04. This Approval does not prohibit applicant from seeking to add Community Care Facility and/or Residential Care Facility for the Elderly use(s) in the future as long as Applicant complies with all state, Orange County Fire Authority, and City of Laguna Hills requirements for use of the Project (in whole or in part, as the law may allow) for such level of service.
22. Prior to issuance of a grading permit, Applicant shall provide evidence to the reasonable satisfaction of the Community Development Director that there are no easements (including, but not limited to, easements for reciprocal access and/or parking or utilities) that conflict with the proposed Project.
BUILDING DIVISION
23. The Applicant shall be responsible for ensuring all applicable building permits are obtained for any activity requiring a permit. Construction shall comply with the 2019 California Building, Plumbing, Mechanical, Electrical, and Green Building Codes, as may be amended, or the applicable California Building Code in effect at the time of building permit issuance. Any required documents submitted for the purpose of building permit issuance shall be accurately labeled and reflect all work to the reasonable satisfaction of the Community Development Director.
24. 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.
25. The Applicant shall comply with all general construction water quality requirements, as required by the LHMC 5-36.
26. Prior to issuance of any building permit, the Applicant shall submit to the Community Development Director all required approvals from the Orange County Health Department.
27. Prior to issuance of each building permit, the Applicant shall submit to the Community Development Director all required approvals from the Orange County Fire Authority.
28. Prior to issuance of each building permit for the demolition of any existing building, the Applicant shall submit to the Community Development Director evidence of all required approvals from South Coast Air Quality Management District or provide verification of plan submittal, as applicable.
29. The Applicant shall demonstrate compliance with all applicable building energy efficiency standards established by the California Energy Commission that are in effect at the time of the issuance of any permit.
30. The Project shall comply with LHMC Chapter 5-28 (Smoking and Sale of Tobacco Products). Required signage and notices shall be installed prior to the issuance of a Certificate of Use and Occupancy and commencement of any use.
31. During construction, adequate emergency access shall be maintained to the site at all times in accordance with any requirements of the Orange County Fire Authority (OCFA).
32. Prior to the commencement of any work, the Applicant shall provide a contact number to the Community Development Director for the public to call concerning dust, noise, or other construction-related impacts. The information shall also be posted on site in a manner approved by the Community Development Director.
ORANGE COUNTY FIRE AUTHORITY (OCFA)
33. Prior to issuance of grading permits, the applicant must address and correct all outstanding OCFA PR105 Conceptual site plan and design review comments, corrections, and/or concerns as outlined in the August 28, 2025 letter (Exhibit A), including complying with any future conditions imposed by OCFA.
34. The applicant must formally submit the following plans to OCFA and gain OCFA approval before City grading and building permits issuance. a. OCFA Fire Master Plan
b. Architectural Plan, Construction Drawings
35. The applicant must formally submit the following plans (as applicable) to OCFA after the fire master plan and architectural plans are approved by OCFA. a. Underground Fire Line
b. Fire Sprinkler Systems
c. Fire Alarm Systems
d. Emergency Power Generator Systems
e. Building Energy Storage Battery Systems
f. Access / Egress Control Systems
g. Security Vehicle Gates, perimeter gates, and doors
PARKING STRUCTURES
36. The parking structure shall be designed to include pavement treatments/materials or finishing techniques that reduce noise generated by automobile tire squeal. All pavement treatments and materials shall be subject to the reasonable approval of the Community Development Director prior to building permit issuance for any parking structure.
37. Prior to building permit issuance for the parking structure, the Applicant shall confer with the Orange County Sheriff’s Department (OCSD) to identify features consistent with best practices identified in “Crime Prevention Through Environmental Design in Parking Facilities” or other standards acceptable to OCSD that could be incorporated into the parking structure for which a building permit is requested.
MECHANICAL EQUIPMENT
38. Mechanical equipment, storage, trash areas, and utilities installed at ground level shall be architecturally screened by solid or semi-solid material from public view to the reasonable satisfaction of the Community Development Director.
The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground. For rooftop mechanical equipment, building parapet walls shall be at least as high as the equipment and vents installed on each building. For any roof-top equipment, in lieu of fully screening the equipment, the Applicant may provide a “line of sight” study to the Director that indicates no screening is required given the location of mechanical equipment on the roof of a building relative to one or more viewpoints within the Project (as reasonably determined by the Community Development Director) at finished grade. Roof mounted solar panels are excluded from this requirement so long as the overall height of the equipment
is as close to the height of building parapet walls as possible, or where integrated into an accessory building such as a roof top carport.
PUBLIC WORKS DEPARTMENT
39. Prior to the issuance of any grading permit or building permit, security instruments shall be posted guaranteeing construction of on-site and off-site improvements in accordance with LHMC Section 10-16.300, and these Conditions of Approval. Security instruments shall include a grading bond and a landscape bond, unless the latter is waived by the Community Development Director.
40. The Applicant shall comply with the recommendations in the Geotechnical Evaluation Report prepared for the Project (Exhibit B).
41. Prior to the issuance of a Certificate of Use and Occupancy, the applicant shall pay for all required geotechnical testing services for improvements in the public right-ofway, which shall be invoiced by the City based on time and materials.
These fees will be in addition to all applicable encroachment, grading, subdivision, etc. inspection fees. These fees must be paid in full prior to release of any grading bonds.
42. Prior to the issuance of a building permit, the Applicant shall submit a grading and erosion control plan for any on-site drive aisle, parking space, sidewalk and/or other hardscape improvements. As applicable, the grading plan shall show the construction of all curb and gutter, asphalt and concrete pavement, sidewalk, storm drain, sewer and water systems (for reference only) and other improvements, and must include a horizontal control plan.
43. Prior to release of any grading bonds, the Project improvements must be completed to the reasonable satisfaction of the City Engineer. This includes completion of all punch list items, approved mylar as-builts, underground inspections (for storm drain systems, if any), required paperwork (such as soils reports, certifications, etc.). All associated permits will be considered active, until all items (including paperwork) have been completed to the reasonable satisfaction of the City Engineer. All permits must be current (not expired) at time of bond release. The Applicant is advised that there may be permit renewal fees if said permits have expired prior to completion of all above listed items.
44. AII grading and storm drain plans shall be prepared on City standard ARCH D size sheets by a licensed civil engineer and shall be submitted to the City Engineer for approval. All landscaping plans shall be prepared on City standard ARCH D size sheets by a licensed landscape architect and shall be submitted to the City Engineer for approval. All plans must be in substantial conformance
with the approved site/concept plans. Plan check and inspection fees shall be paid by the Applicant in accordance with the City's fee schedule.
45. Prior to the release of any grading bonds, all grading, storm drain, and landscaping plans associated with the Project shall be as-built upon completion of the Project. Once the as-built drawings are approved, the Applicant shall provide the City with a duplicate mylar of the plans and scanned PDF or TIFF files of all plans.
46. Prior to the issuance of a precise grading permit, all on-site improvement construction (parking lots, sidewalks, ramps, grading) shall be bonded for with the precise grading plan and permit.
47. Prior to the issuance of any grading permit, erosion control, demolition, and earth moving work shall be bonded for with the rough or precise grading plan and permit, whichever occurs first.
48. Prior to work in the public right-of-way, an encroachment permit shall first be obtained from the City Engineer. The City Engineer at his sole discretion may require the posting of an encroachment permit bond to guarantee the completion of work in the public right-of-way.
PUBLIC WORKS DESIGN CONDITIONS
49. Grading of the Subject Property shall be in accordance with the City of Laguna Hills Grading Code and Manual and to the reasonable satisfaction of the City Engineer. Any grading required outside of the Project boundaries will require either slope easements or right-of-entry letters from the adjacent property owners.
50. Prior to the issuance of a grading permit, the following on site (private property) improvements shall be designed in a manner meeting the approval of the City Engineer in conformance with Laguna Hills Municipal Code Section 10-16.020:
a. All provisions for surface drainage.
b. All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. c. AII structural pavement sections for on-site and off-site streets, including all newly constructed or reconstructed parking lots, shall be submitted to and approved by the City Engineer. The soils engineer shall submit pavement section recommendations based on "R" Value analysis of the subgrade soils and approved City traffic indices. In no event shall the minimum pavement sections be less than the City's engineering standard plan minimum pavement sections.
51. Prior to the issuance of any grading permit, the Applicant shall provide a Certified Access Specialist (CASp) report reviewing existing pathways, sidewalks and access ramps for both on-site access and adjacent to the site access along the accessible pathways for compliance with the Americans with Disabilities Act (ADA) for approval by the City Engineer and the Building Official. Accessible pathways shall not include a path within any drive aisle, except as necessary to cross a drive aisle at 90° to the drive aisle. The CASp report shall include an implementation plan to correct all deficiencies noted and as reasonably approved by the City Engineer and the Building Official.
52. Prior to the issuance of a Certificate of Use and Occupancy, any sidewalk or pathway not in compliance with ADA standards and the CASp report, as approved by the City Engineer and the Building Official, shall be reconstructed to the City's standards.
53. Prior to the issuance of a precise grading permit, a horizontal control plan showing dimensioning of drive aisle, driveway, parking stall, and hardscape improvements shall be prepared for review and approval by the City Engineer.
Minimum dimensions for drive aisles, driveways, and parking stalls shall adhere to City engineering standard plans and the Municipal Code. The City of Laguna Hills has adopted County of Orange Public Works Standard Plans as its engineering standard plans.
54. Prior to the issuance of a Certificate of Use and Occupancy, the Applicant shall demonstrate to the reasonable satisfaction of the City Engineer that a corner cut-off area is created at the intersection of each driveway serving the Project and a public street that satisfies the requirements of LHMC Section 9-40.160 or otherwise provides traffic vision clearance meeting the corner vision clearance requirements set forth in the California Department of Transportation Highway Design Manual or other applicable published public safety standard.
55. Development of the proposed senior housing Project improvements may result in the uses and/or improvements located on the adjacent parcels within the Village at Laguna Hills located at 25250 or 25252 La Paz Road (APNs 620- 211-18 and 620-211-15) becoming nonconforming to, or to increase their nonconformity to, applicable City zoning and development standards. These adjacent parcels are currently owned by the Applicant. Accordingly, prior to issuance of a grading permit for the Project, the Applicant shall ensure that any such nonconformities, or increases in nonconformity, on these adjacent parcels are eliminated or prevented through approved improvements on said parcels or other means reasonably acceptable to the Community Development Director. Specific examples of said nonconformities, or increases in nonconformities, that will or may result from development of the proposed
Project that must be eliminated or prevented prior to the issuance of grading permits include, but may not be limited to, the following:
a. The Project Plans propose to reduce the width of a shared two-way parking aisle straddling the Subject Property and 25252 La Paz Road (currently improved with Better Buzz Coffee) to less than the minimum dimension required for one-way parking aisles within 25252 La Paz Road after the completion of construction. Laguna Hills Municipal Code Section 9-44 requires that one-way drive aisles in parking lots be no less than 14’ wide.
The Applicant’s proposed plan would result in a one-way drive aisle 10’ wide on the Better Buzz Coffee parcel, which is narrower than required by Laguna Hills Municipal Code Section 9-44. Improvements shall be made to the parking lot on the Better Buzz Coffee parcel to ensure this one-way drive aisle is 14’ in width or variance approval obtained. The desired drive-aisle may be able to be achieved through the reduction of the size of the existing planter and possible loss of a parking stall, in conjunction with restriping of the parking lot.
b. The uses located on the two adjacent parcels currently share access to parking spaces with the uses currently located on the Subject Property.
Prior to issuance of a grading permit for the Project, the Applicant shall demonstrate to the reasonable satisfaction of the Community Development Director that each of the two adjoining parcels and the uses thereon meet applicable minimum off-site parking requirements. If restriping or other improvements on the adjoining parcels are required to ensure minimum parking requirements are met, such improvements shall be completed prior to issuance of a grading permit for the Project.
56. Prior to the issuance of a building permit, the Applicant shall provide plans demonstrating compliance with Laguna Hills Municipal Code Section 9-40.200 (Undergrounding of utilities) which states, in pertinent part: “Utilities shall be placed underground. If an above-ground electrical transformer is located outdoors on any site, it shall be screened from view with a solid wall and landscaping and not located in any setback area.”
PUBLIC WORKS CONSTRUCTION CONDITIONS
57. Perimeter fencing shall be installed that has green screen material or approved equal. The fence/screen material shall be properly maintained and be free of rips, tears, fraying, graffiti, and any other damage or vandalism.
58. The Applicant shall comply with all requirements of the Orange County Stormwater Program "Construction Runoff Guidance Manual" during the
construction of the Project. The requirements contained in this manual shall be incorporated into the grading plans.
59. All concrete (including sidewalk) that comes in contact with native soils shall contain Type V cement.
60. Prior to the issuance of a Certificate of Use and Occupancy, all uplifted, subsided or severely worn curb, gutter and sidewalk that fronts the Project in the public right-of-way along McIntyre Street shall be removed and replaced.
This includes uplifted, subsided or severely worn curb and gutter and sidewalk that was in this condition prior to the start of construction. Limits of removal and replacement will not be marked out until immediately prior to occupancy so that all damage that occurred during construction can be included in the limits of replacement.
61. Prior to the issuance of a Certificate of Use and Occupancy, all City Street pavement restorations shall be completed to the reasonable satisfaction of the City Engineer.
62. If any asphalt pavement cuts are made into existing City roadways, the subject roadway shall be ground down and overlaid from the gutter line to the centerline or median of the roadway for any cuts made in that portion of the roadway, and to the reasonable satisfaction of the City Engineer.
63. During the course of the Project construction, no public streets shall be utilized for temporary storage of any construction materials and no vehicles shall be off-loaded of deliveries or filled with materials on any public street.
64. Prior to the issuance of any grading permits, a haul route plan for all exports/imports from/to the site shall be submitted for review and approval by, and to the reasonable satisfaction of, the City Engineer. The haul route shall not utilize any arterial highway prior to 9:00 am or after 4:00 pm daily. In addition, a construction vehicle routing plan shall be submitted for review and approval by, and to the reasonable satisfaction of, the City Engineer prior to any demolition or construction work.
65. During the course of Project construction, no construction equipment traffic shall access or depart the site during morning or evening traffic peak periods, which are 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday.
66. During the course of Project construction, the Applicant shall adhere to Laguna Hills Municipal Code provisions limiting hours of construction. Pursuant to LHMC Section 5-24.070, activities associated with construction or grading that generate noise levels in excess of those set forth in LHMC Chapter 5-24 shall
not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.
67. If construction commences during the nesting season (February – September), the Applicant shall cause a pre-construction nesting survey to be conducted within 3 days prior to ground disturbing activities to determine the presence/absence of nesting birds. If an active nest is found on the study area, a qualified biologist will establish a buffer around the nest (up to 500 feet for raptors and 300 feet for passerine birds) and ongoing biological monitoring during construction may be required until the nestlings have fledged and the nest is no longer active. The buffer will be established by a biologist based on the sensitivity of the species to disturbance and the proximity to project activities. Construction activities may commence outside of the buffer under the discretion of a monitoring biologist. Once the monitoring biologist has determined the nest is no longer active, the buffer can be removed.
68. The Applicant shall implement all of the following measures during construction, as applicable:
a. The project applicant shall comply with all requirements of South Coast Air Quality Management District (SCAQMD) Rule 403 regarding fugitive dust control.
b. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Equipment check documentation should be kept at the construction site and be available for review by the City. c. Low VOC (i.e., ROG) coatings shall be used that comply with SCAQMD Rule 1113: Architectural Coatings.
PUBLIC WORKS DRAINAGE AND HYDROLOGY CONDITIONS
69. In accordance with Laguna Hills Municipal Code Section 10-16.340, which requires conformance with the Grading Manual, prior to the issuance of a grading permit, a hydrology and hydraulic study (including off-site areas affecting the development) shall be prepared by a qualified civil engineer and approved by the City Engineer. The report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.
70. Prior to the issuance of grading permits or the approval of improvement plans, a recorded drainage acceptance letter for any concentration or increase of drainage runoff to adjacent properties shall be required.
71. All storm drain systems shall be designed and constructed in accordance with the County of Orange Local Drainage Manual, Orange County Public Works Standard Plans, and applicable City standard engineering plans.
72. Prior to the issuance of a Certificate of Use and Occupancy, any storm drains modified by the Project, if any, shall be inspected by the County of Orange Underground Inspection Team (the City will arrange for the inspection). There will be additional fees for this inspection.
PUBLIC WORKS SOLID WASTE AND RECYCLING CONDITIONS
73. The Applicant shall comply with all requirements set forth in Laguna Hills Municipal Code Chapter 5-32.210 and 5-48 (Construction and Demolition Waste Recycling Program) and related CalRecycle regulations. Prior to issuance of building permits, the Applicant shall submit and obtain approval of a waste reduction and recycling plan as prescribed by the C&D Compliance Official and submit all applicable fees and security deposits.
74. Prior to the issuance of a building permit, the Applicant shall provide for review and approval by the City Engineer a trash and recycling plan detailing the expected trash and recycled material volume produced by the Project.
Accordingly, all existing and proposed trash bin enclosures shall be sized to accommodate the required number of trash and recycling bins as required by the plan. At a minimum, any trash bin enclosure shall be built according to the City's standard engineering plan, which requires a floor drain connected to the sanitary sewer system and a solid roof to prevent rain water intrusion, and shall accommodate one three-yard trash bin and one three-yard recycling bin (approximate dimensions 40" wide x 82" long) and one organics recycling cart (approximate dimensions 30” wide x 36” long) and enough room for personnel to access the trash bins. No trash bin shall be located outside an enclosure approved by the Community Development Director. If, at any time in the future it is determined by the Public Works Director that the trash enclosure is inadequate, the property owner at its expense shall expand the trash enclosure to accommodate extra bins as evidenced by operations or shall order more frequent trash and recycling bin pick-ups. All trash, storage of cartons, containers, and other discarded items shall be screened from public view at all times. LHMC Section 5-32.040 requires that the storage and collection of mixed solid waste and divertable materials be within enclosures.
75. Prior to the issuance of a Certificate of Use and Occupancy, in accordance with Section 5-32.100 of the Laguna Hills Municipal Code, the applicant shall subscribe to the City’s franchise waste hauler’s organics recycling service as required by State Senate Bill 1383. Further information can be found here:
https://www.ci.laguna-hills.ca.us/211/Recycling-For-Businesses
76. Prior to the issuance a grading permit, the Applicant shall provide a will serve letter from the City’s franchise solid waste hauler demonstrating that the site and proposed plan of development will allow the franchise solid waste hauler to service the Project.
PUBLIC WORKS STORM WATER / WATER QUALITY CONDITIONS
77. AII projects, in conjunction with a grading permit, require the preparation of an erosion control plan in conformance with the City of Laguna Hills Grading and Excavation Code. All erosion control plans shall incorporate Best Management Practices to the maximum extent possible. In addition, erosion control shall be implemented during construction year-round.
78. Prior to the issuance of any grading permit, evidence that proper clearances have been obtained from the San Diego Regional Water Quality Control Board such as the filing of a Notice of Intent to Discharge, shall be provided to the City Engineer. If a permit is required, the Applicant will be required to prepare a Storm Water Pollution Prevention Plan.
79. Prior to the issuance of a Certificate of Use and Occupancy, "No Dumping - Drains to Ocean" shall be stenciled directly above any inlets or an approved stencil shall be used to paint this message on inlets.
80. Prior to issuance of any precise grading permit, a Water Quality Management Plan (WQMP) shall be approved by the City Engineer. The WQMP shall be prepared in conformance with the City's WQMP Instructions and Template. The project design and construction shall comply with the requirements of the latest edition of the City's National Pollutant Discharge Elimination System (NPDES) Permit issued by the San Diego Regional Water Quality Control Board. Copies of the Permit may be downloaded from the Water Board's website at www.waterboards.ca.gov/sandiego. This order and the City's NPDES Local Implementation Plan (LIP) require the City to classify this Project as a priority project. The Applicant will be responsible for complying with the "priority development project" requirements of this Permit, which requires the Project to incorporate source control BMPs and structural treatment BMPs. The Applicant is advised that there are additional plan check fees for the review of this document.
81. Prior to the issuance of a Certificate of Use and Occupancy, all water runoff from the site (including sheet flow), including existing areas, shall be required to be filtered with a water quality device approved by the City Engineer, prior to the discharge of the water to the street gutter or storm drain system. This may require the installation of trench drains the entire width of the entrances to collect and treat sheet flow leaving the site.
82. Prior to the issuance of a Certificate of Use and Occupancy, the property owner shall furnish a recorded copy of a Maintenance Agreement outlining post construction Best Management Practices (BMP's) in accordance with the County of Orange Drainage Area Management Plan Appendix for New Development. The following non-structural BMP's are required to be implemented by the current property owner, and all subsequent property owners to satisfy National Pollution Discharge Elimination System requirements and requirements outlined in the Orange County Drainage Area Management Plan. A copy of these conditions of approval shall be provided to all subsequent property owners. The following BMP's will be required:
a. Storage and Repair of Motor Vehicles - The property owner shall not allow motor vehicles stored on the premises to be washed on site, unless a car wash facility is proposed that is connected to the sanitary sewer system.
Motor vehicles may be lightly rinsed (with no detergents, soaps, or surfactants) provided that de-ionized water is used sparingly and any runoff is diverted to a landscaped area or collected on-site and disposed of into the sanitary sewer system. Vehicles parked at this facility that show evidence of leaking fluids must be stored with drip pans located to catch the leakage and protected from mixing with stormwater. All hazardous pollutants spilled from stored vehicles shall be cleaned and picked up immediately with an appropriate "dry method" absorbent material and disposed of properly. All spills must be contained and cleaned up on the premises.
b. Litter Control - The property owner will be required to implement trash management and litter control procedures in the common areas aimed at reducing pollution of drainage water. The property owner may contract with their landscape maintenance firm to provide this service with the regularly scheduled maintenance, which should consist of litter patrol, emptying of trash receptacles in common areas, and noting trash disposal violations and reporting the violations to the property owner for investigation. c. Trash Enclosures and Dumpsters - The property owner shall post signs on trash enclosure gates that state "Keep Dumpster Lids Closed." The property owner will monitor dumpster usage such that dumpsters are not overfilled
and the dumpster lids can close completely. The property owner shall increase the trash pickup schedule as necessary to prevent dumpsters from overfilling.
d. Landscape Maintenance - Ongoing maintenance must be consistent with the City's adopted water conservation ordinance, plus fertilizer and pesticide usage consistent with the "County Management Guidelines for Use and Fertilizers and Pesticides." Landscaping irrigation systems shall be adjusted and properly maintained to prevent over spray runoffs. e. Green Waste Disposal - Green waste shall not be blown or swept into, or disposed of, in the street, gutter, public right-of-way, or storm drain catch basins or inlets. Leaf blowers, if used, shall be used to move green waste into piles so they can be swept and picked up and disposed of in green waste recycling containers.
f. Employee Training - The property owner shall prepare a training manual(s) for existing and future employees. The manual should include information on non-point source pollution and how to use proper Best Management Practices (BMPs) to minimize runoff pollutants. Training shall be provided upon hire and at regular intervals thereafter.
g. Catch Basin/Inlet Inspection - The property owner must inspect all catch basins/inlets on site and clean the catch basins, if necessary, prior to the storm season (no later than October 15 each year).
h. Lot/Street Sweeping - The property owner must sweep outdoor lots regularly (minimum monthly), and prior to the storm season (no later than October 15 each year). Sweeping shall be done with a vacuum-type sweeper. Under no circumstances are outdoor areas/lots to be rinsed or washed with water unless said rinse/wash water is collected and disposed of properly (i.e. into the sewer).
i. Catch Basin Stenciling - All catch basins/inlets/outlets on site must be marked using the City's "No Dumping - Drains to Ocean" curb marker or stenciled using an approved stencil shall be used to paint this message on the top of curb directly above the inlet, and on one side of the curb face.
Labeling for catch basins is to be inspected regularly and maintained so as to be reasonably legible at all times. The inspection and maintenance is to be performed by the property owner. This stencil is to alert the public/employees to the destination of pollutants discharged into the storm water.
j. BMP Maintenance - The property owner shall be responsible for implementation of each non-structural BMP and regularly scheduled
cleaning of all BMP structural facilities (catch basin, storm drains, trash enclosures, etc.).
k. Title 22 CCR Compliance - The property owner must comply with Title 22 of the California Code of Regulations and relevant sections of the California Health and Safety Code regarding hazardous waste management, which will be enforced by County Environmental Health on behalf of the State. l. Haz-Mat Disclosure Compliance - The property owner shall comply with County and City ordinances.
m. Uniform Fire Code Implementation - The property owner shall comply with Article 80 of the Uniform Fire Code.
n. Spill Response Plan/Kit- The property owner shall develop a spill response plan and maintain a spill response kit on site. Employees shall be properly trained to use the spill response kit. Owner shall maintain absorbent materials in the spill response kit to adequately contain any spills that can be anticipated (i.e. oil drips, engine coolant, etc.).
83. Prior to the issuance of a precise grading permit, the Applicant shall provide plans and supporting documentation for the review and approval of the City Engineer showing that areas requiring regular washing/cleaning (including dumpster areas) are isolated from the storm drain system. No discharge from such areas shall be allowed into the storm drains. This plan may be incorporated into the WQMP.
84. Prior to the issuance of a precise grading permit, the design plans shall include a solid roof over any proposed loading dock(s) and any drains within the proposed loading dock(s) shall be connected to the sanitary sewer system as required by the City's Best Management Practices (BMP) Design Manual dated August 31, 2019, and approved by the California Regional Water Quality Control Board, San Diego Region.
85. Prior to the issuance of a Certificate of Use and Occupancy, catch basin filters shall be installed on all catch basins which drain the subject site, including any existing catch basins. Specification sheets shall be submitted to the City Engineer for approval prior to the installation of the filters.
PUBLIC WORKS WATER, SEWER, AND UTILITIES CONDITIONS
86. The Applicant shall complete all improvements and comply with requirements of the Moulton-Niguel Water District, as set forth in its letter dated February 29, 2024, and/or any subsequent analysis performed by the Water District (Exhibit C). Prior to the issuance of any building permit or grading permit, Applicant shall provide evidence to the City of the Water District’s concurrence that all of
its requirements to provide water and sewer service to the Project have been satisfied. Prior to the issuance of a precise grading permit, water and sewer improvement plans shall be approved by the appropriate water district and the City Engineer. All water and sewer facilities shall be constructed in accordance with the appropriate agency's specifications, with all incidental fees paid by the Applicant. These facilities shall be dedicated to the appropriate water district by the Applicant to the reasonable satisfaction of the City Engineer.
87. On-site water and sewer facilities that will not be maintained by Moulton-Niguel Water District shall be plan checked and inspected by the City's Building Department. All fees shall be paid in accordance with the City's fee schedule.
88. Any above ground valve assemblies or back-flow devices shall be placed on private property and an easement dedicated to Moulton-Niguel Water District.
89. Prior to the issuance of a Certificate of Use and Occupancy, any damage, either structural or aesthetic, to any public and/or private streets as a result of utility connections to service the Project shall be repaired by the Applicant to the reasonable satisfaction of the City Engineer. The improvements will not be accepted by the City until the necessary repairs are completed.
90. Any above ground utility cabinets shall be placed on private property and an easement dedicated to the appropriate utility company (if required).
91. No above ground utility structures, cabinets, pipes, or valves shall be constructed within the public right-of-way.
PUBLIC WORKS LANDSCAPING-RELATED CONDITIONS
92. The maintenance of any landscaping between the curb and the right-of-way line of any street abutting the parcel shall be the responsibility of the owner of that parcel, unless a recognized association or district has assumed responsibility for said maintenance.
93. All landscape plans shall reflect all improvements shown on the final approved grading plans and building plans including, but not limited to, improvements such as ramps, walkways, driveways, planter areas, fire access lanes, ingress and egress to buildings, and appurtenances constructed to support the use of any improvements such as gates, handrails, fences, or walls.
TRAFFIC AND PARKING CONDITIONS
94. Prior to the issuance of a precise grading permit, a plan for the placement and installation of traffic signing, pavement delineation, and other traffic devices on the subject property shall be prepared for review and approval by the City Engineer. Parking stalls shall be sized and striped according to City engineering standard plans and the Municipal Code, and stop signs along with
stop legend bar shall be provided at all locations as specified by the City Engineer. The City of Laguna Hills has adopted County of Orange Public Works Standard Plans as its engineering standard plans.
95. Prior to the issuance of a grading permit, the Applicant shall provide a construction management plan that demonstrates how existing tenants in La Paz Village during project construction will maintain access to adequate parking and parking lot circulation in addition to vehicle and pedestrian access.
The plan shall ensure each building maintains the following: 1) adequate site access (vehicular and pedestrian); 2) adequate parking; 3) access to public and private transportation facilities; 4) utility services; and 5) access to adjoining properties that are in existence. In approving the plan, the Public Works Director and Community Development Director may consider the historical vehicular and pedestrian connections between the Subject Property and adjacent properties, and the location of existing driveway entrances/exits. The Applicant shall ensure improvements to remain, or any new improvements required in the approved plan, are maintained in a safe condition for the use of vehicles and pedestrians for as long as the improvements are needed to serve affected buildings until the Project is completed. Prior to City approval of the construction management plan, the Applicant shall obtain approval of the Orange County Fire Authority (OCFA) and provide proof of OCFA approval to the Community Development Director. As reasonably determined by the Community Development Director and Public Works Director, the plan shall be implemented and periodically updated prior to commencement of any project phasing.
96. Prior to the issuance of a grading permit, the Applicant shall prepare a Parking Management Plan to update the reciprocal parking approval granted by the County of Orange as part of UP-3891 (which approved reciprocal parking on the following parcels: APN 620-211-18, 25250 La Paz Road; APN 620-211-15, 25252 La Paz Road; and 25254 and 25260 La Paz Road, APN 620-211-17) to demonstrate that, as a result of the proposed development, APN 620-211-18, 25250 La Paz Road, and APN 620-211-15, 25252 La Paz Road meet current parking requirements in Laguna Hills Municipal Code Section 9-44. The Parking Management Plan shall be subject to review and reasonable approval by the Community Development Director and Public Works Director. The Parking Management Plan shall include the following measures to be enforced by the property owner, management company, and/or operator:
a. Senior Living Resident and Guest Parking:
i. Parking within the residential parking structure for the Project shall be limited to residents of the residential building, their guests, and employees serving the residential building.
ii. All residents shall be assigned or granted access to parking spaces within the on-site residential parking structure.
iii. Guests of the tenants senior living facility shall be directed to park in appropriately assigned and signed parking spaces within the parking structure.
iv. All residents of residential building, their guests, and employees serving the residential building shall be directed to utilize the available parking within the residential parking structure and that use of parking spaces within the adjacent commercial parcels that are intended to serve the employees, patrons, and guests of the uses on such adjacent parcels for routine or overnight vehicle parking or storage by residents and guests of the residential building is strictly prohibited. These requirements shall be enforced through lease terms, rules, signage, and/or other mechanisms.
b. Enforcement: The applicant shall implement and maintain an effective enforcement strategy that outlines measures for monitoring, compliance, and enforcement of the parking requirements which may include but is not limited to:
i. Issuance of parking permits;
ii. Towing policies for unauthorized vehicles;
iii. Periodic parking audits;
iv. Signage in compliance with California Vehicle Code Section 22658 notifying the public that public parking is prohibited, and that vehicles parked in violation of the posted parking requirements will be towed at the vehicle owner's expense. Posted signage will make clear that occupants and visitors of residential buildings are prohibited from parking in commercial spaces.
c. Ongoing Compliance and Reporting: The Parking Management Plan shall include a description of how each strategy will be implemented, and include details describing when and how the strategies will be implemented including days of the week, time of day, locations, equipment and/or personnel to be included, permanent and temporary fixtures, and any other information determined by the Community Development Director to be necessary. Ongoing compliance shall be subject to monitoring, and the City
may require periodic updates or documentation demonstrating continued adherence to this condition.
97. The Parking Management Plan shall include a description of how each strategy will be implemented and include details describing when and how the strategies will be implemented including days of the week, time of day, locations, equipment and/or personnel to be included, permanent and temporary fixtures, and any other information determined by the Community Development Director to be necessary.
CONSTRUCTION ACCESS
98. During construction of the Project, the Applicant shall maintain adequate site vehicular and pedestrian ingress and egress for customers of adjacent commercial uses and utilize temporary directional signage in the public rightof-way as needed to the reasonable satisfaction of the Public Works Director and Community Development Director. Required directional signage shall comply with City standards and specifications, including but not limited to, the CalTrans design manual, the California Manual of Uniform Traffic Control Devices, and/or as recommended by the American Association of State Highway and Transportation Officials (AASHTO). Required private directional signage shall be provided as appropriate at the reasonable discretion of the Community Development Director.
99. During any construction, adequate emergency access for police, fire, and paramedic vehicles, to the standards of, and approval of, the OCFA, shall be maintained on the Subject Property at all times.
100. Prior to the issuance of any demolition, grading, building or other permit within a District, the Applicant shall submit a construction staging plan to the Community Development Director identifying areas to be used for equipment and material storage, placement of construction trailers, portable restrooms, delivery areas for loading and unloading of materials and equipment, construction waste diversion processing, and construction employee parking.
The Applicant shall periodically submit an updated construction staging plan, as needed and/or when reasonably requested by the Community Development Director. Appropriate pedestrian and vehicular safety barriers shall be installed in all areas as required by the Community Development Director prior to the issuance of permits. In addition, prior to the issuance of any permits within a District, an on-site pedestrian and vehicle parking circulation plan shall be submitted to the City for review and approval by the Public Services Director and Community Development Director identifying pedestrian and vehicle access, including temporary parking for disabled patrons for businesses that will remain open during construction.
101. During the course of construction, the Applicant shall immediately respond to requests made by a City inspector to reasonably resolve any public safety or access issues identified during the work. Modifications to an approved construction staging plan shall be made when requested by a City inspector within 48 hours, or as soon as possible as determined by the Community Development Director.
AFFORDABLE HOUSING OBLIGATIONS
102. Applicant has offered to, and shall, (1) limit occupancy of all units in the Project to senior citizens and qualified members of their household, as defined in Sections 51.3 and 51.11 of the Civil Code, and (2) reserve at least eighteen (18), or ten percent (10%), of the apartment units in the project for rental and occupancy by very low-income households, as defined in Section 50105 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code, (the “affordable units”) for a minimum period of 55 years from issuance of a Certificate of Use and Occupancy. 103. In order to enable the City to adequately enforce the proposed age restrictions of all units and the continued affordability of all affordable rental units, prior to issuance of a building permit for any structure in the Project, the property owner(s) shall enter into and record an affordable housing regulatory agreement (“regulatory agreement”) with the City, in a form acceptable to the City Manager and the Applicant. The City Manager shall be authorized to enter into and implement the regulatory agreement on behalf of the City. The regulatory agreement shall be prepared by the City at the Applicant’s expense and the Applicant shall reimburse the City for the actual fees and costs incurred by the City in conjunction with negotiation and preparation of the regulatory agreement and review of the initial marketing plan and management plan required as part of the regulatory agreement. Prior to the City commencing preparation of a regulatory agreement, the Applicant shall execute a reimbursement agreement with the City, in a form approved by the City Attorney, and provide a deposit in an amount equal to the estimated reasonable cost to be incurred by the City for negotiation and preparation of the regulatory agreement and review of the initial marketing plan and management plan, as determined by the City Manager in his or her reasonable discretion. Unless otherwise provided by State law or determined by the City Manager, the regulatory agreement shall include provisions addressing or providing for the following:
a. Limiting occupancy of all units in the Project to qualified residents and qualified permanent residents, as defined in Sections 51.3 and 51.11 of the Civil Code.
b. The number of affordable units of each bedroom count and model type shall be generally proportionate to the mix of units in the Project overall.
Accordingly, a minimum of seven (7) two-bedroom units, nine (9) one onebedroom units, and two (2) studio units shall be reserved and allocated as very low-income affordable units at all times; provided, however, that the property owner may substitute a larger unit for a smaller unit. c. The affordable units shall be “floating” units that are not permanently designated and shall, at all times, be distributed throughout the development and not congregated within a certain area of the Project, unless the Applicant provides substantial evidence to the City that complying with this requirement would make provision of the affordable units infeasible.
d. The affordable units shall be constructed concurrently with the market rate units.
e. The affordable units shall be constructed and maintained with the same exterior appearance and interior features, fixtures, and amenities and shall use the same type and quality of materials as provided for market rate units.
Finishes and features shall be durable, of good quality, and consistent with contemporary standards for new housing.
f. Occupants of the affordable units shall have the same access to the common entrances of the building as the occupants of market rate units and shall be provided or have access to the same amenities as the occupants of market rate units.
g. The owner shall verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement. h. The owner shall be required to maintain or cause to be maintained the interior and exterior of the project and the site in a decent, safe and sanitary manner, and in accordance with the standard of maintenance of first class multifamily rental senior apartment complexes within Orange County. i. The owner shall be required to maintain, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is
reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement.
j. The regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and may require the owner to prepare and obtain the City's approval of a marketing and management plan for the project prior to the issuance of a Certificate of Use and Occupancy for any portion of the Project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner's monitoring and recordkeeping obligations; (ix) the owner's property management duties; (x) the owner's plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project.
k. The regulatory agreement shall contain a provision requiring the owner to pay the City an annual administration fee to reimburse the City for the estimated reasonable costs incurred by the City in monitoring the owner’s compliance with, and otherwise administering, the regulatory agreement, including, but not limited to, the City’s review of annual compliance reports and conduct of inspections and/or audits.
l. The regulatory agreement shall require the owner, at its expense, to defend (with counsel acceptable to City and subject to approval by owner), indemnify, and hold harmless City, and its officers, agents, employees and representatives from any and all losses, liabilities, claims, lawsuits, causes of action, judgments, settlements, court costs, attorneys’ fees, expert witness fees, and other legal expenses, costs of evidence of title, costs of
evidence of value, and other damages of whatsoever nature arising out of or in connection with owner’s failure to perform its obligations under the agreement, the owner’s ownership or operation of the site, or the development of the project, except for such liability arising from the gross negligence or willful misconduct of City.
m. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.
PROTECTION OF TRIBAL CULTURAL RESOURCES
104. The statutory infill housing exemption established by AB 130 (Public Resources Code Section 21080.66) became effective on June 30, 2025. Prior to that date, the City had engaged in tribal consultation regarding the project pursuant to AB
52. Tribal cultural resources mitigation measures were identified and tribal consultation was closed. While the City and Applicant agree that further tribal consultation under Public Resources Code Section 21080.66 is not required because tribal consultation was conducted pursuant to AB 52, the City nonetheless, in an abundance of caution, notified the Tribes of the Applicant’s invocation of AB130 and invited further consultation pursuant to that process.
The Tribes either did not respond or declined further consultation. The Applicant shall thus comply with the following enforceable agreement reached between the City and the tribes that participated in the tribal consultation for this Project pursuant to AB 52 from January 23, 2025 to May 12, 2025, as follows:
a. The Applicant shall retain Native American Monitors from the following Native American tribes that consulted during the AB 52 process for the Project: Gabrieleno Band of Mission Indians – Kizh Nation; Gabrieleno Tongva Indians of California; and Juaneno Band of Mission Indians, Acjachemen Nation. The monitors shall be retained prior to the commencement of any ground-disturbing activity for the subject Project at all project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
b. A copy of the executed monitoring agreements shall be submitted to the Community Development Director prior to the commencement of any ground-disturbing activity or the issuance of any permit necessary to commence ground-disturbing activity.
c. The Applicant shall require the monitors to complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the tribes. Monitoring logs will identify and describe any discovered tribal cultural resources (TCRs), including, but not limited to, Native American cultural and historical artifacts, remains, and places of significance, as well as any discovered Native American (ancestral) human remains and burial goods. The Applicant shall require that copies of monitoring logs will be provided to the City upon written request to the tribes.
d. On-site tribal monitoring shall conclude upon either of the following: (1) written confirmation to the Tribes from a designated point of contact for the Applicant that all ground-disturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the Project are complete or (2) a determination and written notification by the tribes or designee that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact TCRs.
e. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Native American Monitors. The tribes will recover and retain all discovered TCRs in the form and/or manner the tribes deem appropriate, in the tribes’ sole discretion, for any purpose the tribes deem appropriate, and for any purposes, including for educational, cultural, and/or historic purposes.
f. Native American human remains are defined in Public Resources Code, Section 5097.98(d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then PRC Section 5097.98 and California Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods
shall be treated alike per PRC Sections 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
105. The statutory infill housing exemption in AB 130 (Public Resources Code Section 21080.66) applies to the Project. The Applicant shall thus comply with the following applicable conditions required by Public Resources Code Section 21080.66:
a. Each tribe shall designate its own monitor.
b. The Applicant shall require that any tribal monitor designated by the tribe comply with Applicant’s site access and workplace safety requirements. c. The Applicant shall compensate the tribal monitor at a reasonable rate, as determined by the California Native American tribe, that aligns with customary compensation for cultural resources monitoring, taking into account such factors as the scope and duration of the project. d. The Applicant shall avoid all tribal cultural resources where feasible in accordance with Public Resources Code Section 21084.3(a). In furtherance of this requirement, where feasible, the Applicant shall provide deference to tribal preferences regarding access to spiritual, ceremonial, and burial sites, and incorporate tribal traditional knowledge in the protection and sustainable use tribal cultural resources and landscapes. e. All treatment and documentation of tribal cultural resources shall be conducted in a culturally appropriate manner, consistent with Public Resources Code § 21083.9.
f. The Applicant shall apply tribal ecological knowledge into habitat restoration efforts undertaken by the project as applicable to the specific environmental context and conditions of the project.
g. The Applicant shall comply with Section 7050.5 of the Health and Safety Code and Public Resources Code Section 5097.98, including immediate work stoppage upon discovery of human remains or burial grounds, and treatment in accordance with applicable law and in consultation with the affected California Native American tribe.
h. The Applicant shall complete a California Historical Resources Information System archeological records search and a tribal cultural records search shall be completed for the project site.
i. The Applicant shall submit a Sacred Lands Inventory request to the Native American Heritage Commission.
HAZARDOUS SUBSTANCES
106. The Applicant and Project shall be subject to the following required Conditions pursuant to subdivision (c) of Section 21080.66 of the Public Resources Code:
a. The Applicant shall complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. b. If a recognized environmental condition is found, the Applicant shall complete a preliminary endangerment assessment, as defined in Health & Safety Code Section 78095, prepared by a qualified environmental assessor to determine the existing of any release of a hazardous substance on the site and to determine if the potential for exposure of future occupants to significant health hazards from any nearby property or activity. c. If a release of a hazardous substance is found to exist on the Project site, no Certificate of Use and Occupancy shall be issued until the Applicant provides satisfactory evidence to the City that the release has been removed or any effects of the release have been mitigated to levels required by current federal and state statutory and regulatory standards. d. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, no Certificate of Use and Occupancy shall be issued until the Applicant provides satisfactory evidence to the City that the effects of the potential exposure have been mitigated to levels required by current federal and state statutory and regulatory standards. 107. Applicant has provided the City with a Phase I Environmental Site Assessment (ESA) prepared by BBG Assessments, LLC in 2021 (Exhibit D) and a Phase II ESA prepared by Wies Environmental in 2022 (Exhibit E). According to the Phase I ESA completed by BBG, different dry cleaners occupied 25260 La Paz Road, Suite M, on the project site from the 1970s to 2017 (BBG 2021). The Phase II ESA conducted by Weis Environmental in 2022 confirmed that tetrachloroethene (PCE) was released from the former cleaner’s operation at the Project site, resulting in contamination in soil vapor beneath the former cleaner’s space (Weis 2022). VOC contamination was not identified in soil samples, indicating that contamination at the site is likely limited to soil vapor; however, PCE could be present in soils beneath the existing two-story retail building. Soil vapor impacts were generally limited to the southwest corner of the retail strip, beneath the former cleaner’s operations. The release is not considered to be a threat to underlying groundwater resources (Weis 2022).
However, if not properly managed, contaminated soil and soil vapor could be
released during construction, and, during operation, vapor intrusion into new residential buildings could occur. Therefore, the Project shall be subject to the following Conditions:
a. Prior to commencement of any demolition or construction activities, Applicant shall prepare and obtain City approval of a Hazardous Materials Contingency Plan (HMCP) that addresses potential impacts in soil and soil vapor from chemical releases on or near the project site. The HMCP shall include training procedures for identification of contamination, and shall describe procedures for assessment, characterization, management, and disposal of hazardous constituents, materials, and wastes in accordance with all applicable state and local regulations. Contaminated soils and/or groundwater shall be managed and disposed of in accordance with local and state regulations. The HMCP shall include health and safety measures, which may include but are not limited to periodic work breathing zone monitoring and monitoring for volatile organic compounds using a handheld organic vapor analyzer in the event impacted soils and/or soil vapor are encountered during excavation activities. Air monitoring will also comply with South Coast Air Quality Management District Rules. The Applicant and/or its designee shall implement the HMCP during construction activities for the Project.
b. Applicant shall implement the recommendations set forth in the Phase II ESA to mitigate the PCE condition at the Site, by completing the following:
i. Upon demolition of the Site building in the area of the former cleaners, Applicant shall retain a qualified professional to conduct relatively shallow supplemental soil sampling and analysis in the rear area of the former cleaners tenant space. Results of this sampling shall be provided to the City before any grading or excavation activity is commenced.
ii. If hot spots of PCE are identified in soil, Applicant shall excavate any shallow impacted soils and remove such soil to a landfill facility for disposal in compliance with all applicable federal, state and local statutory and regulatory requirements.
iii. Upon demolition of the Site building and other paving in the area of the former cleaners, Applicant shall retain a qualified professional environmental assessor to conduct additional soil gas sampling and analysis to evaluate the potential off-gassing of the vapor cloud condition at the Site. The results of said sampling and analysis shall be provided to the City prior to the issuance of a grading permit.
iv. The Applicant shall implement all recommendations of the environmental assessor and implement all mitigation deemed warranted by the assessor, DTSC, and/or the Orange County Department of Environmental Health prior to issuance of a grading permit.
108. The Applicant shall comply with all applicable laws and regulations regarding demolition and renovation of Asbestos Containing Materials (ACM) and LeadBased Pains (LBP), including but not limited to California Code of Regulations, Title 8; California Business and Professions Code, Division 3; California Health and Safety Code sections 25915-25919.7; and South Coast Air Quality Management District, Rule 1403 as may be amended. Demolition or renovation plans and contract specifications shall incorporate appropriate abatement procedures for the removal of ACM and LBP. Evidence of compliance shall be submitted to the City upon request.
PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2025. ________________________________
JOSHUA SWEENEY, CHAIR
ATTEST:
______________________________________
JENNIFER LEE, CITY CLERK
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. ____________ adopted by the Planning Agency of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 23rd day of September, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
JENNIFER LEE, CITY CLERK
September 17th
, 2025
To: City of Laguna Hills
Planning Department
24035 El Toro Road
Laguna Hills, CA 92653
Re: La Paz Village Shopping Center hearing September 23rd 2025, 6:00 p.m.
To whom it may concern:
c-H CHY CLERK RECEIVFO ,.JEP 17 2025 PM2:36 - �
As a resident of the area across La Paz Road from the above-proposed development, I feel strongly that its important that an Environmental impact study needs to be done for this project and to exempt it would be a huge mistake.
First, there is not enough parking for 180 units. Seniors 55+ do not sit and watch TV all day.
Many are working and/or involved in independent social activities and appointments, thus needing more than one car depending on how many adults live together. Some seniors need outside full or part-time caregivers and have visitors. Then there are "Grandparents with a spare room" which end up with children or grandchildren "staying until they get back on their feet".
This is very difficult to monitor and enforce. They also usually have cars. There will be a significant impact on the streets and the residents who want to park their own cars in front of their own houses, whether it's due to just the original tenants or the additional drivers.
Secondly, Grandparents also help their children, who are both usually working full-time, with childcare by routinely delivering and picking up the grandchildren to and after school, which is made more convenient by the parents using the Grandparents' address to enroll in a school closer to the Grandparents. This has been going on since my children were small and is even more common now. So, yes the local schools will be impacted.
I have known people who have had these exact scenarios happen in their neighborhood for many years and it can only be avoided by getting the Environmental Impact studies done properly and the results respected and followed.
incerely. J�ti/_/
� ,1-,,?J,,,
Jeannette M Takacs
Public Comments
September 23, 2025
Item No. 5.5.2
1 From: No Reply <[email protected]>
Sent: Saturday, September 20, 2025 1:14 PM
To: Public Comments
Subject: Public Comment Submission
Submitted by: Jen Smith
Email Address: [email protected]
Commented on event: https://lagunahillsca.portal.civicclerk.com/event/751/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: The city should not build any high density housing in existing residential areas with single family homes. It will decrease property value and diminish privacy of yards nearby. Moreover, the particular location that is being proposed already has high traffic and is near a school - adding further potential for fatal traffic mishaps. Since senior housing is being proposed, the frequency of loud ambulances will also impact neighborhood tranquility. It would be more appropriate to develop mixed use residential and commercial space, with no more than 20 single family homes. Nothing should exceed 2 stories. There are open land areas on Cabot that would be more appropriate for large buildings.
I will vote against any person who approves this measure and will encourage all of my neighbors to do the same.
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Public Comments
September 23, 2025
Item No. 5.5.2
25552 La Paz Road, Laguna Hills, CA 92653 | 949-586-6800 | fax: 949-586-0382 | www.ocrealtors.org 10540 Talbert Avenue, Suite 225, West Building, Fountain Valley, CA 92708 | 714-375-9313 | fax: 714-375-9322 | www.ocrealtors.org September 22, 2025
City of Laguna Hills
Community Development
24035 El Toro Road
Laguna Hills, CA 92653
Dear Members of the City of Laguna Hills:
Orange County REALTORS® is proud to have its Orange County home in Laguna Hills. We have some items we believe need to be addressed when consider the proposed development in what is not the Laguna Hills Village Shopping Center.
Since the subdividing of the property upon which both the shopping center and our corporate offices are located, we have possessed a recorded easement across the shopping center for ingress and egress to our parking lot and property. The developer proposes relocating our easement as part of its development. Though we can manage a relocated access, that same access will also become the access for fire equipment and other first responders. That means it must be wide enough to clear a large fire apparatus and a car on the same strip of easement. In an emergency first responders need to be able to navigate any traffic that may be evacuating to save lives and provide working space for necessary equipment. The current easement runs across the middle of the shopping center, and we understand the developer wants to move it to the south side. We have no objection provided it is at least 24 feet of paved clearance throughout the easement. On the west side of the proposed development, we understand there is a proposal for an easement that will allow access for first responders. We have no objection to that proposal provided it is also 24 feet of paved clearance and accessible to La Paz Road for both emergency equipment and private vehicles and wholly contained on the developer’s property.
The substantial development raises other matters which we are sure you are considering, including:
1. Overall Circulation Issues: There will be increased vehicle traffic as many seniors today have and maintain two or more vehicles. Those vehicles will need to have a safe entrance and exit, which may include being able to make a right turn onto La Paz instead of exiting via left turn onto McIntyre. As you know from the experience of other developments, it is possible the number of vehicles may exceed what is now using the shopping center. We believe our best exit for most of our users will be a right turn onto La Paz Road and reducing the impact on McIntyre.
Public Comments
September 23, 2025
Item No. 5.5.2
25552 La Paz Road, Laguna Hills, CA 92653 | 949-586-6800 | fax: 949-586-0382 | www.ocrealtors.org 10540 Talbert Avenue, Suite 225, West Building, Fountain Valley, CA 92708 | 714-375-9313 | fax: 714-375-9322 | www.ocrealtors.org
2. Utilities: Given the size and use of the proposed development, there will be increased use of utility services, including electricity, gas, water and sewer.
Overloading the current system may have an adverse consequence for existing homes and businesses.
3. Public Safety: Though an initial evaluation of senior living tends to have people conclude there will be less likelihood of crime, seniors may require more emergency services that will affect the fire department and other rescue resources. This is one of the reasons there needs to be proper access to the development for first responders, including equipment to reach upper stories of the proposed project.
4. Parking: The development of senior housing in Orange County requires different parking standards than in urban areas with extensive public transportation.
Seniors moving into the development and their guests will require adequate parking.
The lot of Orange County REALTORS® cannot suffice as additional parking spaces for the development because there are numerous meetings and other business activities at Orange County REALTORS® requiring the entire parking area.
5. Trash & Recycling Services: The current project proposal places a large trash enclosure—designed to accommodate eight bins—just a few feet from our main entrance. This presents a significant concern for our business operations, as it introduces potential nuisances including increased noise, unpleasant odors, and heightened foot and vehicle traffic in a highly sensitive area. The proximity of this enclosure directly undermines the customer experience, particularly for our outdoor patio, which is a key feature of our establishment. We strongly urge that the project conditional approval includes the trash enclosure be relocated to a non-adjacent area, further from our property line, to mitigate these negative impacts and ensure compatibility with neighboring uses.
Thank you for taking our needs and comments into consideration.
Ed Molina, President
1 Subject: FW: Agenda Report for SDP/PUP No. USE-0147-2023 From: Shane Will <[email protected]>
Sent: Monday, September 22, 2025 7:33 PM
To: Plan Dept <[email protected]>
Subject: Agenda Report for SDP/PUP No. USE-0147-2023
Hello,
We are property owners at 25301 Mackenzie Street and will be attending the meeting on 9/23/2025 at 6PM regarding the SDP/PUP noted in the subject line.
The letter we received indicated that we need to request the Agenda Report for this item in advance of the meeting at City Hall. Please be sure that there is a copy of this report for us on the evening of 9/23/2025.
--
Thanks
Shane Will
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Public Comments
September 23, 2025
Item No. 5.5.2
1 Subject: FW: jay Wuu Senior planner Site development permit sdp/pup hearing 9/23/25 6pm Attention: city clerk
From: [email protected] <[email protected]>
Sent: Wednesday, September 17, 2025 5:55 PM
To: Plan Dept <[email protected]>
Subject: jay Wuu Senior planner Site development permit sdp/pup hearing 9/23/25 6pm Attention: city clerk I have visited the La Paz Village shopping center often. I have always enjoyed going to one of the food places while waiting for my sister to finish work. A 5 story apartment building is too big for the area and town homes would be better.
Thank you for consideration on this matter
Kathleen Hammond
530 945 8189
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Public Comments
September 23, 2025
Item No. 5.5.2
1 From: No Reply <[email protected]>
Sent: Tuesday, September 23, 2025 11:35 AM
To: Public Comments
Subject: Public Comment Submission
Submitted by: Perry Hodges
Email Address: [email protected]
Commented on event: https://lagunahillsca.portal.civicclerk.com/event/751/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: RE: La Paz Village Shopping Center hearing September 23, 2025, 6:00 PM To whom is may concern: As a resident/home owner directly across Mackenzie Street from the above-proposed development, I feel strongly that its important if not imperative that an Environmental impact study needs to be done for this project and to exempt it would be a huge mistake. First, there is not enough parking for 180 units in the plans. 55+ seniors are typically active in the community socially and if there are multiple adults living in each unit with one or multiple cars, that alone would cause massive congestion. I feel the overflow of visitor/caretakers would overtake the surrounding adjacent streets, minimizing or eliminating public parking for current residents today, and those streets are already heavily utilized for services at the Christ Community Church. Today, we only deal with this issue on Sunday, but if approved, we will be forced to deal with this daily. Secondly, family members, caretakers, medical personal are sure to visit and assist residents as needed, which must be factored into decisions, therefore reiterating that an Environmental impact study needs to be done for this project. Additionally, as a resident/home owner across Mackenzie Street from the above-proposed development I disagree that the city should approve/build any high density housing in existing residential areas with mostly single family homes in the surrounding area today. Public safety is going to be an issue, it not from the likelihood of additional crime, seniors may require more emergency services that will affect fire department and other rescue resources. I envision drastic situations where they need to access residents and either can not or have all traffic access blocked. An Environmental impact study would address these issues. Currently, I look out my 2nd story balcony at the beatifical mountains. If approved I would be looking into multiple resident homes and a wall of massive buildings. Currently I can have my doors/windows open during the day and all night if desired without any noise issues. I will not be forced to install curtains in my home for privacy from these structures, or worse yet, to plant trees across my front yard or on sidewalks, in hopes to block the noise and visually block their view. Since senior housing is being offered, the frequency of loud ambulances will also impact neighborhood tranquility, again, reiterating that an Environmental impact study needs to be done for this project. Property values will be immediately impacted, some more than others, such as myself, directly across from Mackenzie Street from the above-proposed development. I feel that no new structures should exceed two-stories. I will vote against any person who approves this measure and will encourage all of my neighbors to do the same.
Public Comments
September 23, 2025
Item No. 5.5.2
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1 Subject: FW: Public Comment: Item 5.5.2 Planning Agency Meeting - Sept 23, 2025 From: Rona Henry <[email protected]>
Sent: Tuesday, September 23, 2025 12:19 PM
To: Jennifer Lowe <[email protected]>; Jay Wuu <[email protected]>; Joshua Sweeney <[email protected]>; Don Caskey <[email protected]>; Dave Wheeler <[email protected]>; Erica Pezold <[email protected]>; Jared Mathis <[email protected]> Cc: Rev Jason Cook <[email protected]>; Ann Owens <[email protected]>; Sheryl Sterry <[email protected]>; Denise Legters <[email protected]>; Cesar Covarrubias <[email protected]>; Cithlalli Ramirez <[email protected]>; Alejandra Perez Matus <[email protected]>; Cynthia Marquez <[email protected]>; Rudy Barbosa <[email protected]>; Ryan Lenney <[email protected]> Subject: Public Comment: Item 5.5.2 Planning Agency Meeting - Sept 23, 2025 I am writing on behalf of Welcoming Neighbors Home, a ministry of Tapestry Unitarian Universalist Congregation. We have members who reside in Laguna Hills.
We support the proposed housing project on La Paz - Planning Agency Agenda Item 5.5.2. We note that 10% of the units in this senior living complex will be for people with very-low incomes. This level of affordability is much needed and it will help the City meet its 6th Cycle RHNA goal of 921 lower income units.
While we acknowledge the need for senior affordable housing, we urge the City to be mindful in future housing projects of the need for multifamily work-force housing. We especially need workforce housing for workers with very-low and extremely low incomes - which includes health care, retail and even some City government workers.
Thank you for considering our input and your service to the City.
Rona Henry
Chair, Welcoming Neighbors Home Initiative
Tapestry, a Unitarian Universalist Congregation
Public Comments
September 23, 2025
Item No. 5.5.2
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1 Subject: FW: Item 5.5.2
-----Original Message-----
From: Elizabeth Shapiro <[email protected]> Sent: Tuesday, September 23, 2025 12:35 PM
To: Public Comments <[email protected]>
Subject: Item 5.5.2
This is regarding item 5.5.2 Has any traffic assessment or environmental impact been completed and analyzed on this potenƟal development? Why is this even being considered? Co It is unconscionable to erect a 180 unit residenƟal building plus parking on a road that cannot accommodate it. It is a two-lane road in each direcƟon feeding to the freeway entrances . On any day that road backs up to the freeway. Any slightest construcƟon renders a large backup. This is absolutely not a good spot for this housing. Part of the reason I chose to live in this development is due to the access of commercial businesses which the landlord has driven out. Please do not approve this development.
Thank you,
Elizabeth Shapiro
Evergreen road
----------
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Public Comments
September 23, 2025
Item No. 5.5.2
From: No Reply <[email protected]>
Sent: Tuesday, September 23, 2025 12:32 PM
To: Public Comments
Subject: Public Comment Submission
Submitted by: Elizabeth Shapiro
Email Address: [email protected]
Commented on event: https://lagunahillsca.portal.civicclerk.com/event/751/overview If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: This is regarding item 5.5.2 Has any traffic assessment or environmental impact been completed and analyzed on this potential development? Why is this even being considered? Co It is unconscionable to erect a 180 unit residential building plus parking on a road that cannot accommodate it. It is a two-lane road in each direction feeding to the freeway entrances . On any day that road backs up to the freeway. Any slightest construction renders a large backup. This is absolutely not a good spot for this housing. Part of the reason I chose to live in this development is due to the access of commercial businesses which the landlord has driven out. Please do not approve this development. 1 Subject: FW: La Paz Village Project
From: Blake Koop <[email protected]>
Sent: Tuesday, September 23, 2025 11:46 AM
To: City Council <[email protected]>
Subject: La Paz Village Project
LH City Council,
I am writing as a resident who is deeply concerned about the proposed demolition and redevelopment at La Paz Village (APN 620-211-17). While I recognize the City’s obligation under state housing law, I urge you to carefully weigh the risks to our community if this project proceeds without strong safeguards.
1. Poor Economics of the Current Proposal
The project proposes demolishing nearly all of the retail on the parcel—over 35,000 square feet of income-producing space—and replacing it with an independent senior living facility. The economics of this concept are extremely challenging:
Independent living apartments generate lower revenue per unit compared to assisted or memory care models.
The plan includes a 10% very low-income set-aside, which further reduces average rents. Construction costs are unusually high, with a six-story building and a structured parking garage.
Taken together, the residual land value of such a project is likely negative under current market conditions. It is hard to see how this proposal can secure financing without major subsidies. I also recognize that it is very likely that the price that the owner paid for this parcel in 2022 ($23 million) is way beyond what the retail revenue could support. This puts the owner in a tough spot. But this project is not the answer. The economics do not pencil out. A very likely outcome is a half finished project.
Demolishing our retail space is not worth that.
2. Lessons from Bolsa Chica (Huntington Beach)
The City of Huntington Beach recently went through years of hearings on the Bolsa Chica senior project.
That project is almost identical to this La Paz proposal. That plan started at more than 200 units and ~298,000 square feet, but after significant pushback and feasibility issues it was scaled down repeatedly—eventually reduced to about 159 units, lower height, and a different care mix in order to improve the economics. With those changes, the process was drawn out and disruptive.
The parallel to La Paz is clear: a developer can demolish first and then find that the original vision is not financeable. Huntington Beach managed this through years of CEQA review and project pivots, but Laguna Hills is being asked to fast-track an equally risky design under Builder’s Remedy.
3. If the project must go through…
I urge the Council to insist on strong conditions before demolition occurs:
Public Comments
September 23, 2025
Item No. 5.5.2
2 No demolition prior to proof of financing and building permits. The City should require verified construction financing and issued building permits before allowing any demolition of existing retail structures.
Site restoration performance bond. The applicant should post a bond sufficient to cover grading, fencing, lighting, and basic restoration in case the project stalls. This ensures the community is not left with a vacant, unsafe site if construction cannot be completed. Construction phasing and tenant access. The Council should condition approval on maintaining safe access for the remaining tenants and ensuring traffic, fire lanes, and utilities remain functional throughout construction.
These are standard protections in many jurisdictions, and they would prevent Laguna Hills from being left with a gutted retail center and no viable housing.
Many thanks to all of you for your service to our community and for considering these safeguards. I urge you to place the public interest first and ensure that, if this project is approved, the City is fully protected against the economic risks it poses.
Sincerely,
Blake Koop
25581 Fir Ln
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1 Subject: FW: Item 5.5.2 Planning agency agenda
From: Cesilia Vega-Gonzalez <[email protected]>
Sent: Tuesday, September 23, 2025 1:36 PM
To: Jennifer Lowe <[email protected]>; Jay Wuu <[email protected]>; Joshua Sweeney <[email protected]>; Don Caskey <[email protected]>; Dave Wheeler <[email protected]>; Erica Pezold <[email protected]>; Jared Mathis <[email protected]> Subject: Item 5.5.2 Planning agency agenda
I am writing as a resident of Laguna Hills for over 20 years. I am in support of the proposed project on La Paz-Planning Agency Agenda item 5.5.2. I applaud that 10% of the units of the senior living complex will be for people with very low incomes. Additionally, I urge the city to recognize the need for affordable housing for young families in our community.
With Gratitude,
Cesilia Vega
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Public Comments
September 23, 2025
Item No. 5.5.2
1 Subject: FW: Support Item 5.5.2 La Paz from People for Housing OC Attachments: SUPPORT Laguna Hills Agenda Item 5.5.2 La Paz 9-23-2025.pdf From: Elizabeth Hansburg P4H <[email protected]> Sent: Tuesday, September 23, 2025 2:45 PM
To: Jennifer Lowe <[email protected]>; Jay Wuu <[email protected]>; Joshua Sweeney <[email protected]>; Don Caskey <[email protected]>; Dave Wheeler <[email protected]>; Erica Pezold <[email protected]>; Jared Mathis <[email protected]> Subject: Support Item 5.5.2 La Paz from People for Housing OC Dear City Staff,
Hello Ms. Lowe and City of Laguna Hills Staff,
Please find attached our letter of support for the La Paz senior apartments.
Thank you for your time and consideration.
Kind regards,
--
Elizabeth Hansburg
Co-Founder & Director
714-872-1418
Public Comments
September 23, 2025
Item No. 5.5.2
Fighting for a future of abundant housing in Orange County. peopleforhousing.org
September 23rd, 2025
Mayor Joshua Sweeney
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Re: SUPPORT for La Paz Senior Housing Project, Agenda 5.5.2 Dear Mayor Sweeney and Members of the City Council,
On behalf of People for Housing OC, we would like to express our strong support for the proposed housing project on La Paz - Planning Agency Agenda Item 5.5.2.
People for Housing OC is the Yes In My Backyard (YIMBY) organization for Orange County, California. We represent Orange County residents who support more affordable and attainable housing opportunities and more diverse housing options in our communities.
The proposed housing project, ‘La Paz,’ would establish a 180-unit residential senior apartment project with eighteen units reserved for very low-income households. This project will provide more homes for seniors in search of market-rate homes, enabling them to downsize and be free of the property maintenance concerns that accompany single-family homeownership. These existing homes will be made available to the next generation of residents, who want to raise their families in Laguna Hills.
The 10 very-low-income units will provide senior residents of Laguna Hills with stable, below-market-rate affordable housing during a time when Orange County’s senior population 1 represents the largest portion of residents experiencing homelessness and housing insecurity.
As the need for affordable senior housing continues to rise, particularly among those on fixed incomes, this development represents a critical step in meeting this need. It also reinforces Laguna Hill’s commitment to addressing housing affordability with compassionate, innovative solutions.
We strongly encourage your support for this project, which will provide much-needed stability and dignity for some of Laguna Hill’s most vulnerable residents.
Sincerely,
Elizabeth Hansburg
Cofounder & Director
Fighting for a future of abundant housing in Orange County. peopleforhousing.org
2 1
Subject: FW: Planned Development at La Paz Village
From: Shannon Gerlach <[email protected]>
Sent: Tuesday, September 23, 2025 3:03 PM
To: [email protected]
Cc: City Council <[email protected]>
Subject: Planned Development at La Paz Village
Hello Mayor Sweeney, Councilmember Caskey, Councilmember Wheeler, Councilmember Pezold, and Councilmember Mathis,
Thank you all for your service to Laguna Hills. I am honored to call Laguna Hills my home for the past 14 years. Today, I am writing as a concerned resident of Laguna Hills regarding the proposed redevelopment of La Paz Village into a high-density housing project consisting of 180 units, including approximately 10% designated as low-income housing. While I understand that state legislation is placing pressure on cities like ours to approve such projects or risk litigation, I respectfully urge the Council to carefully weigh the long-term impacts this development will have on our community.
First, the location presents significant traffic concerns. With ongoing and proposed changes to the roads along Paseo de Valencia and Cabot, the addition of a six-story residential complex with underground parking will inevitably push more traffic congestion onto La Paz Road. This corridor is already a critical thoroughfare for residents, businesses, and emergency vehicles, and further strain could compromise both quality of life and safety.
Second, this project risks a long-term financial loss for Laguna Hills. Redeveloping La Paz Village for housing, rather than encouraging businesses to occupy this site, eliminates opportunities for sales tax revenue—one of the primary ways our city funds essential services. Given that Laguna Hills already faces challenges in retaining and attracting businesses, converting a commercial property into primarily residential use further weakens our local economic base.
Finally, while affordable housing is an important regional issue, the proposed project in its current form does not strike a sustainable balance between housing needs, traffic management, and fiscal responsibility. The City should advocate for more thoughtful planning, including consideration of mixeduse development that incorporates both housing and revenue-generating businesses.
I respectfully request that the Council explore alternatives that meet state housing mandates while also protecting the long-term interests of Laguna Hills residents and preserving the city’s financial stability.
Thank you for your time and consideration of these concerns.
Respectfully,
Shannon L Gerlach
25571 Fir Lane
Public Comments
September 23, 2025
Item No. 5.5.2
2 Laguna Hills CA 92653
714-606-4568
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1 Subject: FW: public comment re item 5.5.2 for tonight's City Council and Planning Agency meeting
Attachments: CalHDF v LCF.pdf
From: James Lloyd <[email protected]>
Sent: Tuesday, September 23, 2025 4:19 PM
To: City Council <[email protected]>; Joshua Sweeney <[email protected]>; Don Caskey <[email protected]>; Jared Mathis <[email protected]>; Erica Pezold <[email protected]>; Dave Wheeler <[email protected]>
Cc: CD USER <[email protected]>; Joe Ames <[email protected]>; Jennifer Lee <[email protected]>; Greg Simonian (woodruff.law) <[email protected]>
Subject: Re: public comment re item 5.5.2 for tonight's City Council and Planning Agency meeting Please see attached the court case referenced in our public comment for inclusion in the record for tonight's Council meeting.
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
On Tue, Sep 23, 2025 at 4:17 PM James Lloyd <[email protected]> wrote:
Dear Laguna Hills City Council and Planning Agency,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment re item 5.5.2 for tonight's City Council and Planning Agency meeting, the proposed 180-unit senior housing development project at 25250 – 25260, 25732, 25758 La Paz Road, which includes 18 very low-income units.
Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
[email protected]
CalHDF is grant & donation funded
Donate today - https://calhdf.org/donate/
Public Comments
September 23, 2025
Item No. 5.5.2
Sep 23, 2025
City of Laguna Hills
24035 El Toro Road
Laguna Hills, CA 92653
Re: Housing Development Project at 25250 – 25260, 25732, 25758 La Paz Road By email: [email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]
Dear Laguna Hills City Council and Planning Agency,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the City of Laguna Hills (“the City”) of its obligation to abide by all relevant state housing laws when evaluating the proposed 180-unit senior housing development project at 25250 – 25260, 25732, 25758 La Paz Road, which includes 18 very low-income units. These laws include the Housing Accountability Act (Gov. Code, § 65589.5; the “HAA”), AB 1886, SB 330 (Gov. Code, § 65941.1), and AB 130.
Under the HAA,
1 a city may not disapprove a qualifying affordable housing project (i.e., a housing development project that provides a certain percentage of the total units to lower income households, as defined by Health and Safety Code Section 50079.5) on the grounds it does not comply with the local zoning and general plan if the developer submitted either a statutorily defined "preliminary application" or a "complete development application" while the city's housing element was not in substantial compliance with state law. (See Gov. Code, § 65589.5, subds. (d)(5), (h)(5), (o)(1).) This statutory provision temporarily suspends the power of non-compliant municipalities to enforce their zoning rules against qualifying affordable housing projects. (See, e.g., California Housing Defense Fund v. City of La Cañada Flintridge, 1 AB 1893, effective January 1, 2025, has amended the “Builder’s Remedy” provisions of the HAA.
However, the AB 1893 allows for vested Builder’s Remedy applications to proceed under current law or opt into the provisions of the new law, at the choice of the project applicant. (Gov. Code, § 65589.5, subd. (f)(7).)
2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Case Number: 23STCP02614 (attached), for a recent court decision affirming the plain language of the statute in this regard.)
Of note, this project has now been revised to fulfill the definition of “Builder’s Remedy” project pursuant to Government Code, section 65589.5, subdivision (h)(11) and is eligible for the protections of the HAA. (Id. at subd. (d)(6).)
Laguna Hills’s Housing Element was not in substantial compliance with state law when the preliminary application under SB 330 was submitted for the projects at issue, and the City must allow the project to be developed as proposed under the builder’s remedy.
The applicant submitted its preliminary application pursuant to SB 330 on December 22, 2024. This vested the status of local regulations on the date of that preliminary application. (See Gov. Code, § 65941.1)
According to the City’s staff report for the project, the City had adopted an updated Housing Element on June 28, 2022. In May 2023, the state department of Housing and Community Development (“HCD”) informed the City that its Housing Element was not compliant with state law, stating in its May 8, 2023 letter, “… the housing element cannot be found in substantial compliance until the City has completed necessary rezones to make prior identified sites available or address the shortfall of sites to accommodate the regional housing needs allocation …”
On March 24, 2023, the City adopted an amended Housing Element, which HCD determined to be in substantial compliance with Housing Element law on May 23, 2024.
In 2024, AB 1886 was signed into law. Among other provisions, the legislation added section 65589.55 to the Government Code, which reads as follows:
(a) For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment shall be considered in substantial compliance with this article only if the element or amendment was in substantial compliance, as determined by the department or a court of competent jurisdiction, when a preliminary application, including all of the information required by subdivision (a) of Section 65941.1, was submitted or, if a preliminary application was not submitted, when a complete application pursuant to Section 65943 was submitted. (b) This section does not constitute a change in, but is declaratory of, existing law.
Of note, while the City’s staff report quotes a portion of subdivision (a), it omits subdivision (b) in its entirety. However, subdivision (b) is crucial, as it establishes that this section is declaratory of existing law. This means that the City’s Housing Element complies with 2 of 3
Housing Element law as of the date that HCD determined it to be in substantial compliance, which is May 23, 2024.
Given aforementioned provisions of AB 1886, the fact that HCD did not find the City in substantial compliance with Housing Element law until May 23, 2024, and the project’s SB 330 vesting date of December 22, 2024, the project clearly qualifies as a Builder’s Remedy project pursuant to the HAA.
The project is also eligible for a statutory exemption from the provisions of the California Environmental Quality Act pursuant to AB 130 (Pub. Res. Code, § 21080.66), which was signed into law on June 30, 2025 and effective immediately (Assembly Bill No. 130, 2025-2026 Regular Session, Sec. 74, available here). Caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v.
County of San Diego (2024) 99 Cal.App.5th 890, 911.)
⧫ ⧫ ⧫
As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit; it will bring increased tax revenue and new customers to local businesses; it will house our seniors, our most important asset; and it will reduce displacement of existing residents. While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve the projects, consistent with its obligations under state law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
3 of 3
Russ Khouri
40 Wakonda
Dove Canyon, CA. 92679-3709
September 22, 2025
City Council / Planning Agency Meeting Item 5.5.2
Dear Members of the City Council:
Please allow this letter to express my opposition to this proposed development for the following reasons.
1. No. of Low-Income Units. The developer is holding his cards on the original “Builder’s Remedy” program. The Original Builder’s remedy mandated that a developer had to offer at least 20% of the units to lower-income households, so why is he offering only 10% of the units now?
2. Parking. The project is providing (250) parking spaces, or 1.38 spaces per unit. In accordance with the City parking standards, Table 9-44.A, 1 BR Units require 1.7 spaces per unit, 2 BR Units require 2.2 spaces and 3 BR Units require 2.7 spaces per unit.
This development has:
(16) Studio Units x 1.7 = 27 Spaces
(93) 1 BR Units x 1.7 = 158 Spaces
(71) 2 BR Units x 2.2 = 156 Spaces
Required Parking = 341 Spaces vs. 250 Spaces = <91> Parking Spaces Short Is the City offering this as a concession to the Developer? This is a project for seniors 55+, who still drive and will have vehicles to park.
3. Architectural Massing
This project is grossly out of scale for this small site. A 61’+ tall building next to the remaining one-story buildings on the site. Doesn’t the city have any say in the design of proposed projects, even under Builder’s Remedy?
4. City of Laguna Hills Income
Like other cities, the major source of income comes from the commercial tenants within a city. Approval of this project, would reduce that income greatly as this project reduces commercial leased space from 43,200 SF to just 7,420 SF.
Public Comments
September 23, 2025
Item No. 5.5.2