City of Laguna Hills
TIA Guidelines for CEQA
Appendix C-3
Table C-3
Estimated GHG Emissions for 500 ADT Screening Criteria
Emissions Source2
MTCO2e/Year1
Single Family
(53 DU)
Multifamily
(68 DU)
Senior
Housing
(135 DU)
General
Office
(51.3 TSF)
General
Retail
(13.2 TSF)
Light
Industrial
(100.8 TSF)
Mobile Sources 1546.3 1526.9 1477.6 610.7 486.1 1,049.5 Energy Sources 209.3 137.0 280.3 254.7 49.7 423.7
Area Sources 17.9 23.0 45.6 0.0 0.0 0.0
Water 26.8 34.4 68.3 70.2 7.5 141.6
Waste 31.3 15.7 31.2 24.0 7.0 69.1
Total Annual
GHG Emissions 1,831.6 1,737.0 1,903.0 959.5 550.3 1,683.8 SCAQMD Threshold 3,000
Exceed Threshold? No No No No No No
Percent Below Threshold 39% 42% 37% 68% 82% 44% 1 MTCO2e = Metric Tons of Carbon Dioxide Equivalents per Year 2 CalEEMod default parameters were used in all emissions calculations except for changes to the following; trip generation rates were changed to reflect the latest ITE 10 Trip Gen Manual, 10th Edition, and changes were made to the home-based and worker trip lengths to reflect citywide averages of 21.6 VMT/capita and 25.1 VMT/worker.
As shown in Table C-3, the estimated GHG emissions from land use projects that generate 500 ADT or less would be expected to be well below the applicable SCAQMD thresholds of significance.
Therefore, projects that generate 500 ADT or less would generally be presumed to have a less than significant impact for greenhouse gas.
Appendix D
CAPCOA Fact Sheets for the Quantification of VMT Reduction
65 Understanding
Fact Sheets
Chapter 6
Transportation
Category
Measure
Number
Strategy BMP
Grouped
With #
Range of Effectiveness
Percent Reduction
in GHG Emissions Basis
Land Use / Location
LUT-1 Increase Density 1.5-30.0% VMT
LUT-2 Increase Location Efficiency 10-65% VMT
LUT-3
Increase Diversity of Urban and
Suburban Developments (Mixed
Use)
9-30% VMT
LUT-4 Incr. Destination Accessibility 6.7-20% VMT
LUT-5 Increase Transit Accessibility 0.5-24.6% VMT
LUT-6
Integrate Affordable and Below
Market Rate Housing 0.04-1.20% VMT
LUT-7
Orient Project Toward Non-Auto
Corridor NA
LUT-8
Locate Project near Bike
Path/Bike Lane NA
LUT-9 Improve Design of Development 3.0-21.3% VMT
Neighborhood / Site Design
SDT-1
Provide Pedestrian Network
Improvements 0-2% VMT
SDT-2 Traffic Calming Measures 0.25-1.00% VMT
SDT-3
Implement a Neighborhood
Electric Vehicle (NEV) Network 0.5-12.7% VMT
SDT-4 Urban Non-Motorized Zones SDT-1 NA
SDT-5
Incorporate Bike Lane Street
Design (on-site) LUT-9 NA
SDT-6
Provide Bike Parking in NonResidential Projects LUT-9 NA SDT-7
Provide Bike Parking in MultiUnit Residential Projects LUT-9 NA SDT-8 Provide EV Parking SDT-3 NA
SDT-9 Dedicate Land for Bike Trails LUT-9 NA
Parking
Policy / Pricing
PDT-1 Limit Parking Supply 5-12.5%
PDT-2
Unbundle Parking Costs from
Property Cost 2.6-13%
PDT-3
Implement Market Price
Public Parking (On-Street) 2.8-5.5%
PDT-4
Require Residential Area
Parking Permits
PDT-1,
2 & 3 NA
Table 6-2: Transportation Category
66 Understanding
Fact Sheets
Transportation - continued
Category
Measure
Number
Strategy BMP
Grouped
With #
Range of Effectiveness
Percent Reduction
in GHG Emissions Basis
Trip Reduction Programs
TRT-1
Implement Voluntary CTR
Programs 1.0-6.2% Commute
VMT
TRT-2
Implement Mandatory
CTR Programs – Required
Implementation/Monitoring
4.2-21.0% Commute
VMT
TRT-3
Provide Ride-Sharing
Programs 1-15% Commute
VMT
TRT-4
Implement Subsidized or
Discounted Transit Prog. 0.3-20.0% Commute
VMT
TRT-5
Provide End of Trip
Facilities
TRT-1, 2
& 3 NA
TRT-6
Telecommuting and
Alternative Work
Schedules
0.07-5.50% Commute
VMT
TRT-7
Implement Commute Trip
Reduction Marketing 0.8-4.0% Commute
VMT
TRT-8
Implement Preferential
Parking Permit Program
TRT-1, 2
& 3 NA
TRT-9
Implement Car-Sharing
Program 0.4-0.7% VMT
TRT-10 Implement School Pool
Program 7.2-15.8% School
VMT
TRT-11 Provide Employer-Sponsored
Vanpool/Shuttle 0.3-13.4% Commute
VMT
TRT-12 Implement Bike-Sharing
Program
SDT-5,
LUT-9
NA
TRT-13 Implement School Bus
Program 38-63% School
VMT
TRT-14 Price Workplace Parking 0.1-19.7% Commute
VMT
TRT-15 Implement Employee Parking
“Cash-Out” 0.6-7.7% Commute
VMT
67 Understanding
Fact Sheets
Chapter 6
Transportation - continued
Category
Measure
Number
Strategy BMP
Grouped
With #
Range of Effectiveness
Percent Reduction
in GHG Emissions Basis
Transit System Improvements
TST-1
Provide a Bus Rapid Transit
System 0.02-3.2% VMT
TST-2
Implement Transit Access
Improvements
TST-3,
TST-4
NA
TST-3 Expand Transit Network 0.1-8.2% VMT
TST-4
Increase Transit Service
Frequency/Speed 0.02-2.5% VMT
TST-5
Provide Bike Parking Near
Transit
TST-3,
TST-4
NA
TST-6 Provide Local Shuttles
TST-3,
TST-4
NA
Road Pricing /
Management
RPT-1
Implement Area or Cordon
Pricing 7.9-22.0% VMT
RPT-2 Improve Traffic Flow 0-45% VMT
RPT-3
Require Project Contributions
to Transportation Infrastructure
Improvement Projects
RPT-2,
TST-1 to 6 NA
RPT-4 Install Park-and-Ride Lots
RPT-1,
TRT-11,
TRT-3,
TST-1 to 6
NA
Vehicles
VT-1
Electrify Loading Docks and/or
Require Idling-Reduction
Systems
26-71% Truck
Idling Time
VT-2
Utilize Alternative Fueled
Vehicles Varies
VT-3
Utilize Electric or Hybrid
Vehicles 0.4-20.3% Fuel Use
Appendix E
OPR Technical Advisory
Excerpt on the Evaluation of Transportation Projects
23 | Page
December 2018
2. Determine the amount of VMT growth likely to result from background population growth, and subtract that from their “budget”;
3. Allocate their jurisdiction’s share between their various VMT-increasing transportation projects, using whatever criteria the lead agency prefers.
2. Estimating VMT Impacts from Transportation Projects
CEQA requires analysis of a project’s potential growth-inducing impacts. (Pub. Resources Code, § 21100, subd. (b)(5); CEQA Guidelines, § 15126.2, subd. (d).) Many agencies are familiar with the analysis of growth inducing impacts associated with water, sewer, and other infrastructure. This technical advisory addresses growth that may be expected from roadway expansion projects.
Because a roadway expansion project can induce substantial VMT, incorporating quantitative estimates of induced VMT is critical to calculating both transportation and other impacts of these projects.
Induced travel also has the potential to reduce or eliminate congestion relief benefits. An accurate estimate of induced travel is needed to accurately weigh costs and benefits of a highway capacity expansion project.
The effect of a transportation project on vehicle travel should be estimated using the “change in total VMT” method described in Appendix 1. This means that an assessment of total VMT without the project and an assessment with the project should be made; the difference between the two is the amount of VMT attributable to the project. The assessment should cover the full area in which driving patterns are expected to change. As with other types of projects, the VMT estimation should not be truncated at a modeling or jurisdictional boundary for convenience of analysis when travel behavior is substantially affected beyond that boundary.
Transit and Active Transportation Projects
Transit and active transportation projects generally reduce VMT and therefore are presumed to cause a less-than-significant impact on transportation. This presumption may apply to all passenger rail projects, bus and bus rapid transit projects, and bicycle and pedestrian infrastructure projects. Streamlining transit and active transportation projects aligns with each of the three statutory goals contained in SB 743 by reducing GHG emissions, increasing multimodal transportation networks, and facilitating mixed use development.
Roadway Projects
Reducing roadway capacity (for example, by removing or repurposing motor vehicle travel lanes) will generally reduce VMT and therefore is presumed to cause a less-than-significant impact on transportation. Generally, no transportation analysis is needed for such projects.
24 | Page
December 2018
Building new roadways, adding roadway capacity in congested areas, or adding roadway capacity to areas where congestion is expected in the future, typically induces additional vehicle travel. For the types of projects previously indicated as likely to lead to additional vehicle travel, an estimate should be made of the change in vehicle travel resulting from the project.
For projects that increase roadway capacity, lead agencies can evaluate induced travel quantitatively by applying the results of existing studies that examine the magnitude of the increase of VMT resulting from a given increase in lane miles. These studies estimate the percent change in VMT for every percent change in miles to the roadway system (i.e., “elasticity”). 35 Given that lead agencies have discretion in
choosing their methodology, and the studies on induced travel reveal a range of elasticities, lead agencies may appropriately apply professional judgment in studying the transportation effects of a particular project. The most recent major study, estimates an elasticity of 1.0, meaning that every percent change in lane miles results in a one percent increase in VMT.36 To estimate VMT impacts from roadway expansion projects:
1. Determine the total lane-miles over an area that fully captures travel behavior changes resulting from the project (generally the region, but for projects affecting interregional travel look at all affected regions).
2. Determine the percent change in total lane miles that will result from the project.
3. Determine the total existing VMT over that same area.
4. Multiply the percent increase in lane miles by the existing VMT, and then multiply that by the elasticity from the induced travel literature:
[% increase in lane miles] x [existing VMT] x [elasticity] = [VMT resulting from the project] A National Center for Sustainable Transportation tool can be used to apply this method:
https://ncst.ucdavis.edu/research/tools
This method would not be suitable for rural (non-MPO) locations in the state which are neither congested nor projected to become congested. It also may not be suitable for a new road that provides new connectivity across a barrier (e.g., a bridge across a river) if it would be expected to substantially 35 See U.C. Davis, Institute for Transportation Studies (Oct. 2015) Increasing Highway Capacity Unlikely to Relieve Traffic Congestion; Boarnet and Handy (Sept. 2014) Impact of Highway Capacity and Induced Travel on Passenger Vehicle Use and Greenhouse Gas Emissions, California Air Resources Board Policy Brief, available at https://www.arb.ca.gov/cc/sb375/policies/hwycapacity/highway_capacity_brief.pdf. 36 See Duranton and Turner (2011) The Fundamental Law of Road Congestion: Evidence from US cities, available at http://www.nber.org/papers/w15376.
25 | Page
December 2018
shorten existing trips. If it is likely to be substantial, the trips-shortening effect should be examined explicitly.
The effects of roadway capacity on vehicle travel can also be applied at a programmatic level. For example, in a regional planning process the lead agency can use that program-level analysis to streamline later project-level analysis. (See CEQA Guidelines, § 15168.) A program-level analysis of VMT should include effects of the program on land use patterns, and the VMT that results from those land use effects. In order for a program-level document to adequately analyze potential induced demand from a project or program of roadway capacity expansion, lead agencies cannot assume a fixed land use pattern (i.e., a land use pattern that does not vary in response to the provision of roadway capacity). A proper analysis should account for land use investment and development pattern changes that react in a reasonable manner to changes in accessibility created by transportation infrastructure investments (whether at the project or program level).
Mitigation and Alternatives
Induced VMT has the potential to reduce or eliminate congestion relief benefits, increase VMT, and increase other environmental impacts that result from vehicle travel.37 If those effects are significant, the lead agency will need to consider mitigation or alternatives. In the context of increased travel that is induced by capacity increases, appropriate mitigation and alternatives that a lead agency might consider include the following:
• Tolling new lanes to encourage carpools and fund transit improvements • Converting existing general purpose lanes to HOV or HOT lanes • Implementing or funding off-site travel demand management • Implementing Intelligent Transportation Systems (ITS) strategies to improve passenger throughput on existing lanes
Tolling and other management strategies can have the additional benefit of preventing congestion and maintaining free-flow conditions, conferring substantial benefits to road users as discussed above.
G. Analyzing Other Impacts Related to Transportation
While requiring a change in the methodology of assessing transportation impacts, Public Resources Code section 21099 notes that this change “does not relieve a public agency of the requirement to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation.” OPR expects that lead agencies will continue to 37 See National Center for Sustainable Transportation (Oct. 2015) Increasing Highway Capacity Unlikely to Relieve Traffic Congestion, available at
http://www.dot.ca.gov/newtech/researchreports/reports/2015/10-12-2015- NCST_Brief_InducedTravel_CS6_v3.pdf; see Duranton and Turner (2011) The Fundamental Law of Road Congestion: Evidence from US cities, available at http://www.nber.org/papers/w15376.
Appendix F
Traffic Study Scoping Agreement
TRAFFIC STUDY SCOPING AGREEMENT Revised: July 15, 2021 ITE Trip Generation, Latest Edition or other approved source Appendix F
Revised: July 15, 2021 Page 360 of 1484
Paseo De Valencia Improvements Two-Way Class IV Bike Trail STOP STOP STOP
STOP
STOP
HERE
WAIT
SCHOOL
ZONE
SCHOOL
ZONE
HERE
WAIT
SCHOOL
ZONE
HERE
WAIT
SCHOOL
ZONE
SCHOOL
ZONE
HERE
WAIT
C
C
B
B
PASEO DE VALENCIA
MACKE
NZ
I
E
ST
TREE TOP RD
LA
PAZ
RD
GRISSOM RD
PINENUT RD
VISTA FIRENZE
LA HABRA CT
CABOT RD
STOP
VALENCIA
ELEMENTARY
SCHOOL
STOP
STOP
STOP
STOP
STOP
STOP
STOP
STOP
A
A
CADILLAC DR
HILLARY LN
LINDA VISTA DR
ALISAL AVE
ERICSON
WAY
VELASQUEZ RD
SARITA DR
LARGO DR
SUNBURST
AVE
ALICIA PKWY
PASEO DE VALENCIA
GRISSOM RD
EL
CONEJO
LN
LA
M
I
RADA
ST
ALISAL AVE
OR STOP
OR STOP
PROPOSED READER BOARD
SCHOOL
ZONE
HERE
STOP
STOP
STOP
WAIT
HERE
WAIT
SCHOOL
ZONE
HERE
WAIT
ZONE
SCHOOL
HERE
WAIT
SCHOOL
ZONE
VALENCIA
ELEMENTARY
SCHOOL
MACKENZIE
ST
L
A
PA
Z
R
D
GRISSOM RD
VISTA FIRENZE
OPTIONAL: 1-WAY CLASS IV IN EACH DIRECTION
STOP
SCALE : 1”= 50’
0 25 50
SCALE : 1”= 50’
0 25 50
Cabot Road Improvements Two-Way Class IV Bike Trail
R/W R/W
5' 8' 13' 18’ 6'
68’
100’
1’ TWD 4' BUFFER 8’ LANDSCAPE
PED CLASS IV
BIKE
FACILITY
EASTBOUND PED
VEHICULAR
12' 13'
EASTBOUND
VEHICULAR
12'
WESTBOUND
VEHICULAR
WESTBOUND
VEHICULAR
LANDSCAPE MEDIAN/
LEFT TURN LANE
SECTION A-A
R/W R/W
5' 8' 6'
58’
80’
2' BUFFER
1’ TWD
PED CLASS IV PED
BIKE
FACILITY
13'
EASTBOUND
VEHICULAR
11'
EASTBOUND
VEHICULAR
11'
WESTBOUND
VEHICULAR
13'
WESTBOUND
VEHICULAR
10'
SCHOOL
DROP OFF
LANE
SECTION B-B
R/W R/W
5' 8' 6'
50’
80’
2' BUFFER
1’ TWD
8’ LANDSCAPE
PED CLASS IV
BIKE
FACILITY
PED
13'
EASTBOUND
VEHICULAR
12'
EASTBOUND
VEHICULAR
12'
WESTBOUND
VEHICULAR
13'
WESTBOUND
VEHICULAR
SECTION C-C
R/W R/W
5' 8'
58’
80’
2' BUFFER
6’ LANDSCAPE
1’ TWD
PED CLASS IV
BIKE
FACILITY
13'
SOUTHBOUND
VEHICULAR
13'
NORTHBOUND
VEHICULAR
10'
STRIPED
MEDIAN
11’
SOUTHBOUND
VEHICULAR
11’
NORTHBOUND
VEHICULAR
CURB TO CURB
SECTION D-D
STOP
STOP
NELLIE GAIL
RD
PASEO DE VALENCIA
CABOT RD
CABOT RD
EL PASEO
METROLINK
HITCHING
RAIL
RD
D
D
C
C
PROPOSED CITY OF MISSION VIEJO
QUAD CITIES BIKEWAY PROJECT
SCALE : 1”= 50’
0 25 50
Item No. 6.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: September 9, 2025
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: General Plan Amendment RZNE-0013-2024, a Minor Amendment to the Laguna Hills General Plan Mobility Element to Reflect Changes Made to the Orange County Master Plan of Arterial Highways to Modify Major and Secondary Arterials to Collector Arterials
Recommendation: That the City Council:
1. Conduct a public hearing;
2. Find and determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and 15378; and
3. Adopt a Resolution entitled: “A Resolution of the City Council of the City of Laguna Hills, California, Making a Determination that the Project is Exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) and 15378, and Approving General Plan Amendment No. RZNE-0013-2024, a Minor Amendment to the General Plan Mobility Element to Modify Major and Secondary Arterials to Collector Arterials for Paseo de Valencia Between Alicia Parkway and Cabot Road, and Cabot Road Between Paseo de Valencia and El Paseo.” Background:
On September 9, 2024, the OCTA approved the City of Laguna Hills ("City") request to amend the Master Plan of Arterial Highways (“MPAH”), a countywide transportation plan for Orange County to manage and improve the arterial highway network. The
Item No. 6.1
amendment reclassified Paseo De Valencia from a Major (six-lane, divided) Arterial to a Divided Collector (two-lane, divided) Arterial between Alicia Parkway and La Paz Road, Paseo De Valencia from a Secondary (four-lane, undivided) Arterial to a Divided Collector (two-lane, divided) Arterial between La Paz Road and Cabot Road, and Cabot Road from a Secondary (four-lane, undivided) Arterial to a Divided Collector (two-lane, divided) Arterial between Paseo de Valencia and El Paseo. Final OCTA approval of the amended MPAH is contingent upon City approval of a General Plan Amendment to ensure that the City’s Mobility Element is made consistent with the MPAH change.
Approval of the amendment to the Mobility Element does not include approval of any particular project nor physical changes to Paseo de Valencia and Cabot Road. However, the reclassification of the streets would allow the City access up to $5,000,000 of federal grant funding to contemplate a potential future construction project that must include a Class IV bike lane.
Proposed Amendments to the Mobility Element:
The proposed General Plan Amendment RZNE-0013-2024 includes minor text modifications to pages M-3, M-4, and M-6. Figure M-1 (page M-3) “Street Network” will be amended to outline the line drawn on the map designating the segment of Paseo De Valencia and Cabot Road as an undivided or divided Collector Arterial roadway (“General Plan Amendment" or "Project”).
The proposed changes to the Mobility Element are outlined below:
• Figure M-1 Street Network – Map updated to reflect changes below (Page M-3) • Paseo De Valencia (Alicia Pkwy – La Paz Rd) from a Major Six-Lane Divided Arterial to a Two-Lane Collector
1. Adjustment under Major Arterials: Paseo de Valencia (El Toro Road to La Paz Road Alicia Parkway) (Page M-4)
• Paseo De Valencia (La Paz Rd – Cabot Rd) from a Secondary Four-Lane Undivided Arterial to a Two-Lane Collector
1. Add Paseo de Valencia (La Paz Road Alicia Parkway to Cabot Road) as Collector Arterial (Page M-6)
• Cabot Road (Paseo De Valencia – El Paseo) from a Secondary Four-Lane Undivided Arterial to a Two-Lane Collector
1. Adjust Primary Arterials: Cabot Road (La Paz to Oso Parkway Paseo de Valencia) (Page M-4)
2. Add Collector Arterial: Cabot Road (Paseo de Valencia to El Paseo) (Page
Item No. 6.1
M-6)
Public Hearing – June 24, 2025:
A public hearing for the General Plan Amendment was held by City Council on June 24, 2025. While the General Plan Amendment only provides the policy framework to conceptualize a project and does not include a specific physical project for approval, the public speakers at the hearing expressed concerns about the possibility of removing a driving lane in each direction on Paseo de Valencia. The City Council continued the public hearing to September 9, 2025, in order to allow a second public workshop to be scheduled.
Second Public Workshop – August 19, 2025:
The City hosted a second public workshop on August 19, 2025. The workshop displayed a revised conceptual rendering that maintained two lanes of travel each way along Paseo de Valencia. Majority of the attendees of the workshop were in support of a plan that maintained the existing number of driving lanes. At the workshop, City staff explained that the renderings were conceptual in nature; however, the renderings were specifically designed to garner public input for a project that could occur once the General Plan Amendment was approved.
Additional Public Outreach:
The City website was updated to provide an immediate link to the Mobility Element Amendment webpage where interested parties could locate information about the Amendment, the three conceptual renderings of roadway configurations, and frequently asked questions. Additionally, staff contacted Valencia School and Saddleback Valley School District to provide information about both workshops and the September 9, 2025, City Council public hearing.
Next Steps:
Should the City Council approve the amendment to the Mobility Element, City staff will continue to refine the scope of work that incorporates a Class IV bike lane along Paseo de Valencia and Cabot Road. Additionally, Staff will continue to engage the community to solicit feedback on a final design that addresses community needs and mitigates impacts to the furthest extent feasible. The design and due diligence phase of a project is anticipated to take approximately two years, inclusive of additional public workshops
Item No. 6.1
for community feedback. Once a design is finalized, an official project will be presented to the City Council for review and approval at a public meeting.
Public Notice:
The notice of public hearing for the proposed Project was advertised in an adjudicated newspaper of general circulation on June 12, 2025. The public notice mailing radius line was extended beyond the standard 300-foot requirement and notices were mailed to all property owners within a 1,000-foot radius from affected public rights-of-way.
Additional notices were mailed to all residential property owners located within the area bounded by Paseo de Valencia to the south, Interstate 5 freeway to the north, Alicia Parkway to the west, and Cabot Road to the east. A total of 2,551 public hearing notices were mailed. At the June 24, 2025, City Council meeting, the City Council continued the public hearing to September 9, 2025. To date, no comments have been received. Any written comments received will be distributed at the City Council Public Hearing.
Additionally, pursuant to California Senate Bill (SB) 18, the City of Laguna Hills provided notification to all tribes identified by the Native American Heritage Commission (“NAHC”) as being traditionally and culturally affiliated with the area. In compliance with California Government Code Section 65352.3, the identified tribes were invited to consult with City staff about the Project. As detailed in SB 18, the request for consultation window was open for 90 days and ended on June 8, 2025. Staff received no request for consultation.
CEQA Findings:
Staff reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the proposed Project is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) as there is no possibility that it may have a significant effect upon the environment; and under Section 15378, as the amendment is not a project under CEQA. The minor amendment to the Mobility Element of the General Plan includes text amendments to roadway classifications and the Street Network Map to ensure consistency with the Orange County Transportation Authority Master Plan of Arterial Highways. The amendment to the Mobility Element does not involve physical changes to the public rights-of-way nor cause a direct physical change in the environment because it does not authorize or otherwise approve any development, grading, ground disturbance, construction project, or other change to the physical environment.
Item No. 6.1
Fiscal Impact:
Approval of this Minor General Plan Amendment preserves the City's ability to access up to $5,000,000 of federal grant funding for a potential future construction project.
Attachments:
1. Proposed Resolution of Approval
2. City Council Staff Report - June 24, 2025
3. Proposed Amended Street Network Map
4. Proposed Amended Mobility Element Pages (clean)
5. Proposed Amended Mobility Element Pages (redline)
4936-0319-1675 v.1
61 EXHIBIT “C”
TITLE VI ASSURANCES
4936-0319-1675 v.1
62 The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain the Appendices A and E of the Title VI Assurances, which are set forth herein. In addition, the Consultant must include the Title VI Assurances Appendices A and E, and, if applicable, Appendices B, C, and D in all subcontracts to perform work under the Agreement.
The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to City.
The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the City with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
4936-0319-1675 v.1
63 APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (hereinafter collectively referred to as “CONSULTANT”) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this Agreement.
b. Nondiscrimination: CONSULTANT, with regard to the Work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of anotherwho fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of
4936-0319-1675 v.1
64 equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
4936-0319-1675 v.1
65 APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
1. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of TitleVI.)
4936-0319-1675 v.1
66 APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
4936-0319-1675 v.1
67 APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
4936-0319-1675 v.1
68 APPENDIX E
During the performance of this Agreement, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately highand adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 etseq).
4936-0319-1675 v.1
69 EXHIBIT “D”
CALTRANS EXHIBIT 9-P: PROMPT PAYMENT CERTIFICATION
4936-0319-1675 v.1
70 Local Assistance Procedure Manual Exhibit 9-P
Prompt Payment Certification
EXHIBIT 9-P: PROMPT PAYMENT CERTIFICATION
Section 7108.5 of the California Business and Professions Code (CBPC) requires a prime contractor or subcontractor (i.e. builders) to pay any subcontractor not later than seven (7) days after receipt of each progress payment received or final retention payment. Section 3321 of the California Civil Code (CCC) requires prime design professionals (prime consultants directly in contract with a public agency) to pay any subconsultant not later than fifteen (15) days after receipt of each progress payment or final retention payment. The payment cannot be delayed because of disagreements on other contracts. Any delay or postponement of payment among the parties may take place only for good cause with the agency’s prior written approval. This requirement applies to both DBE and non-DBE subcontractors.
1. CONTRACT INFORMATION
(1)
Prime Contractor/Consultant
(2)
Local Agency
(3)
Federal Project
Number
(4)
Local Contract
Number
(5)
Total Contract Award
Amt ($)
(6)
Total DBE
Commitment Amt($)
(7)
DBE
Commitment
(%)
(8)
DBE Contract
Goal (%)
(9)
Reporting Period (MM/YYYY)
2. PAYMENT INFORMATION
(10)
Subcontractor/Subconsultant Name
(11)
DBE Cert.
Number
(12)
Subcontract Type
(13)
Date Payment
Received by
Prime
(14)
Date of Prime
Payment to Sub
(15)
Amount of Payment
($)
(16)
Amount Paid To Sub
to Date
($)
(17)
Total Committed to
This Subcontractor ($)
(18)
Promptly Paid?
(Y/N)
(19)
Incremental
Retainage
Paid?
(Y/N)
(20)
Comments or Reason for NonPayment/Non-Prompt Payment,
including Payment of incremental
Retainage *
Totals $0.00 $0.00 $0.00
List all first-tier subcontractors/subconsultants, whether or not the firms were originally listed in Exhibit 10-O2 or 15-G as a DBE commitment. If the actual DBE utilization was different than that approved at the time of award, provide comments in box (20). All payments reported, including payments to contractor/consultant, are for the date listed. * Only reasons based on dispute on subcontractor or supplier noncompliance may be accepted.
4936-0319-1675 v.1
71 3. CERTIFICATION
May 2023
The prime contractor or consultant hereby certifies that the foregoing Prompt Payment
(21) Prime Contractor Manager's Signature (22) Date
(25) Prime Contractor Manager's Name (26) Phone
Local Agency certifies that all information in this form is complete and (23) Local Agency Representative's Signature (24) Date
(27) Local Agency Representative 's Name (28) Phone
4936-0319-1675 v.1
72 Exhibit 9-P Instructions
I. Purpose
Section 7108.5 of the California Business and Professions Code (CBPC) requires a prime contractor or subcontractor (i.e. builders) to pay any subcontractor not later than seven (7) days after receipt of each progress payment received or final retention payment. Section 3321 of the California Civil Code (CCC) requires prime design professionals (prime consultants directly in contract with a public agency) to pay any subconsultant not later than fifteen (15) days after receipt of each progress payment or final retention payment. The payment cannot be delayed because of disagreements on other contracts. Any delay or postponement of payment among the parties may take place only for good cause with the agency’s prior written approval. This requirement applies to both DBE and non-DBE subcontractors.
II. Instruction
For projects that are awarded on or after September 1, 2023:
The prime contractor or consultant must submit Exhibit 9-P to the LPA administering the contract by the 15th of the month following the month of any payment(s). If the prime contractor or consultant does not make any payments to subcontractors, suppliers, and/or manufactures they must report "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
A failure to complete the Prompt Pay reporting requirement may result in the withholding of the prime contractor or consultant's next progress payment and/or final payment. Additionally, Caltrans may require the LPA to issue a corrective action plan and /or it may require the LPA to suspend the contract in whole or in part if the prime or consultant does not make up the shortfall.
LPA must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and nonDBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project.
The LPA must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from prime contractor or consultant.
1. CONTRACT INFORMATION
(1) Prime Contractor/Consultant: Enter the business name for the prime contractor/consultant. (2) Local Agency: Enter the local agency name.
(3) Federal Aid Project Number: Enter the 7-digit federal-aid project number of the lead project on the contract.
E.g. 5002(123) is a valid Federal-Aid Project Number.
(4) Local Contract Number: Enter the Local Agency contract number or identifier. (5) Total Contract Award Amount ($): Enter the total contract award amount of the project. (6) Total Contract DBE Commitment Amount ($): Enter the total DBE commitment award amount of the project as it appears on Exhibit 10-O2 or Exhibit 15-G.
(7) DBE Commitment (%): Enter percentage of the Prime contract committed to DBE firms as it appears on Exhibit 10-O2 or Exhibit 15-G.
(8) DBE Contract Goal (%): Enter the contract DBE goal percentage as it appears on the project advertisement. (9) Reporting Period (Month-Year): Indicate the month and year of payments being reported.
2. PAYMENT INFORMATION
(10) Subcontractor/Subconsultant name: Enter subcontractor/consultant firm's name. (11) DBE Cert. Number: List the DBE's certification number as listed in the California Unified Certification Program (CUCP) database.
(12) Subcontract Type: Enterthe most appropriate Subcontractor's contract type.
4936-0319-1675 v.1
73 (13) Date of Payment Received by Prime: Enter date when a check is issued by LPA to the prime contractor/consultant for work performed by the contractor/consultant. (14) Date of Prime Payment to Sub: Enter date when a check is issued by prime to the subcontractor/subconsultant for work performed by the subcontractor/subconsultant.
(15) Amount of Payment ($): Enter the total amount paid to the subcontractor this period. (16) Amount Paid to Sub to Date ($): Enter the total amount paid to this subcontractor to date. This should be a total of past payments plus payment for the current work just invoiced to the Local Agency. (17) Total amount committed to this subcontractor ($): Enter the total amount committed to this subcontractor, copy the information from the agency signed Exhibit 10-O2 or 15-G. (18) Promptly Paid? (Y/N): Enter "Y" if payment was made in accordance with the contract. Enter "N" if it's in dispute.
Must provide comments regarding any dispute of payment. (19) Incremental Retainage Paid? (Y/N): Enter "Y" if this payment was a retainage payment. Enter "N" if this was a progress or final payment.
(20) Comments or Reason for Non-Payment/Non-Prompt Payment, including Payment of Incremental Retainage *: Only reasons based on dispute with subcontractor or supplier noncompliance may be accepted.
Add appropriate notes if a DBE subcontract was terminated, a DBE subcontract was added, if change orders impacted the DBE's payments (include good faith efforts the prime contractor/consultant implemented), if task orders weren't issued, etc.
3. CERTIFICATION
(21) Prime Contractor Manager's Signature: Self explanatory (22) Date: Provide the date Prime Contractor Managersigned this form. (23) Local Agency Presentative's Signature: Self explanatory. (24) Date: Provide the date Local Agency Presentative signed this form. (25) Prime Contractor Manager's Name: Self explanatory. (26) Phone: Self explanatory
(27) Local Agency Presentative's Name: Self explanatory. (28) Phone: Self explanatory
EXHIBIT “E”
CALTRANS MASTER AGREEMENT AND PROGRAM SUPPLEMENT
MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT
STATE-FUNDED PROJECTS
12 City of Laguna Hills District Administering Agency
Agreement No. 12-5468521
This AGREEMENT, is entered into effective this 18 th day of June , 20 24, by and between the City of Laguna Hills, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY'S eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY'S employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and rqads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a
fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures of capital and support to purchase all real property required for
PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE 111 - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY'S acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not
being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE·. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY.
ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/IC RP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of
indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and 'finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY'S own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY'S cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.
ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND
REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY'S failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10.ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11.ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12.Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13.Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15.Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or
jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16.In the event of (a} ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b} failing to maintain any applicable bonding requirements; and (c} otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17.No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18.Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19.In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a projectspecific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20.Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21.No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
By Ferdinand Batatan
t:e-riJiluuuJ B�
Ferdinand Batatan (Jun 18, 202414:59 PDT)
For: Chief, Office of Project Management
Oversight
Division of Local Assistance
Date 06/18/2024
Jarad Hildenbrand
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City of Laguna Hills
Representative Name & Title (Authorized
Governing Body Representative)
Date to{l�ZLf
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement
and the actual cost thereof to STATE to cure ADMINISTERING AGENCY'S breach of this Agreement.
RESOLUTION NO. 2024-05-28-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CALIFORNIA DEPARTMENT OF
TRANSPORTATION AGREEMENTS AND AMENDMENTS
The City Council of the City of Laguna Hills, California, ("City") hereby finds, determines, declares, and resolves as follows:
WHEREAS, the City is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds can be claimed; and
WHEREAS, the City desires to delegate authorization to execute these Agreements, and any amendments thereto, to the City Manager and he is to be authorized to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with the California Department of Transportation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference herein.
SECTION 2. The City Manager is authorized to approve and execute Master Agreement No. 12-5468S21 and Program Supplement Agreement No. 00000A549.
SECTION 3. The City Manager is authorized to approve and execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with the California Department of Transportation until such time this authorization is rescinded by adoption of a superseding Resolution.
j
1837276. l
Resolution No. 2024-05-28-7
PASSED, APPROVED, AND ADOPTED this 28th day of May 2024.
DAVE WHEELER, MAYOR
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. 2024-05-28-7 adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of May 2024 by the following vote:
AYES: Council Members Caskey, Heft, Pezold, Mayor Pro Tempore Sweeney, and Mayor Wheeler
NOES: None
ABSENT: None ABSTAIN: None
(SEAL)
ATTEST:
Jl
1837276.1
12-5468S21_City of Laguna Hills
Final Audit Report 2024-06-18
"12-5468S21_City of Laguna Hills" History
Document created by Gerald Mcdaniel ([email protected]) 2024-06-18 - 9:53:36 PM GMT- IP address: 149.136.17.251 Document emailed to Ferdinand Batatan ([email protected]) for signature 2024-06-18 - 9:55:24 PM GMT
Email viewed by Ferdinand Batatan ([email protected]) 2024-06-18 - 9:59:06 PM GMT- IP address: 149.136.17.250 Document e-signed by Ferdinand Batatan ([email protected]) Signature Date: 2024-06-18 - 9:59:50 PM GMT - Time Source: server- IP address:
149.136.17.250
Agreement completed.
2024-06-18 - 9:59:50 PM GMT
Created: 2024-06-18
By:
Status:
Transaction ID:
Gerald Mcdaniel ([email protected]) Signed
CBJCHBCAABAAnSRfwVmccqP637UORJW0IA9qL5Gus80d
Program Supplement 12-5468F15-F011- ISTEA Page 1 of 7
PROGRAM SUPPLEMENT NO. F011
to
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO 12-5468F15
Adv. Project ID
1225000079
Date: August 18, 2025
Location: 12-ORA-0-LGNH
Project Number: STPCML-5468(017)
E.A. Number:
Locode: 5468
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 09/23/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.2024-05-28-7 approved by the Administering Agency on 05/28/2024 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
PROJECT LOCATION: At Paseo de Valencia Laguna Hills Drive to Cabot Road (Approximately 2.2 miles) TYPE OF WORK: Bike Lane LENGTH: 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
M400 $140,000.00 LOCAL OTHER
Y230 $580,000.00
$820,000.00 $100,000.00 $0.00
CITY OF LAGUNA HILLS STATE OF CALIFORNIA
Department of Transportation
Ferdinand A Batatan
By Ferdinand A. Batatan (Aug 27, 2025 13:40:33 PDT)
Date
For: Chief, Office of Project Management Oversight
Division of Local Assistance
Attest
Jennifer Lea, CMC
Date 08/27/
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Program Supplement 12-5468F15-F011- ISTEA Page 1 of 7
Accounting Officer Date 8/18/2025 $720,000.00
Program Supplement 12-5468F15-F011- ISTEA
12-ORA-0-LGNH
STPCML-5468(017)
SPECIAL COVENANTS OR REMARKS
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year.
Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
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2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.
Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).
4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR
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Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
.
CITY OF LAGUNA HILLS
CERTIFICATION
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 attached is a true and correct copy of Resolution No. 2024-05-28-7, adopted by the City Council of the City of Laguna Hills, California, at a regular meeting thereof held on the 28th day of May 2024. (SEAL)
JEN I ER LEE, City Clerk
Hills, California
DATED: This 29th day of May 2024.
RESOLUTION NO. 2024-05-28-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
CALIFORNIA DEPARTMENT OF TRANSPORTATION AGREEMENTS AND
AMENDMENTS
The City Council of the City of Laguna Hills, California, ("City") hereby finds, determines, declares, and resolves as follows:
WHEREAS, the City is eligible to receive Federal and/or State funding for certain Transportation Projects through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds can be claimed; and
WHEREAS, the City desires to delegate authorization to execute these Agreements, and any amendments thereto, to the City Manager and he is to be authorized to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with the California Department of Transportation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference herein.
SECTION 2. The City Manager is authorized to approve and execute Master Agreement No. 12-5468S21 and Program Supplement Agreement No. 00000A549.
SECTION 3. The City Manager is authorized to approve and execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and/or any amendments thereto with the California Department of Transportation until such time this authorization is rescinded by adoption of a superseding Resolution. j
1837276. l
Resolution No. 2024-05-28-7
PASSED, APPROVED, AND ADOPTED this 28th day of May 2024.
DAVE WHEELER, MAYOR
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. 2024-05-28-7 adopted by the City Council of the City of Laguna Hills, California, at a Regular Meeting thereof held on the 28th day of May 2024 by the following vote:
AYES: Council Members Caskey, Heft, Pezold, Mayor Pro Tempore Sweeney, and Mayor Wheeler
NOES: None
ABSENT: None
ABSTAIN: None
(SEAL)
1837276.1
ATTEST:
Jl
5468017 PSA
Final Audit Report 2025-08-27
"5468017 PSA" History
Document created by Gregory Nannini ([email protected]) 2025-08-27 - 8:33:20 PM GMT- IP address: 149.136.17.251 Document emailed to Ferdinand Batatan ([email protected]) for signature 2025-08-27 - 8:33:51 PM GMT
Email viewed by Ferdinand Batatan ([email protected]) 2025-08-27 - 8:39:45 PM GMT- IP address: 149.136.17.253 Signer Ferdinand Batatan ([email protected]) entered name at signing as Ferdinand A.
Batatan
2025-08-27 - 8:40:31 PM GMT- IP address: 149.136.17.253 Document e-signed by Ferdinand A. Batatan ([email protected]) Signature Date: 2025-08-27 - 8:40:33 PM GMT - Time Source: server- IP address: 149.136.17.253 Agreement completed.
2025-08-27 - 8:40:33 PM GMT
Created: 2025-08-27
By:
Status:
Transaction ID:
Gregory Nannini ([email protected]) Signed
CBJCHBCAABAA-E8fsUfNYzwp9JTzQc8ZdwYWVd0QpeD6
ATTACHMENT 5
CERTIFICATION REGARDING LOBBYING AND
DISCLOSURE OF LOBBYING ACTIVITIES
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions, which is attached hereto in this Appendix 9. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,0001 for each such failure.
Executed this ______ day of ______, 2025, at ________________, California.
Name of Proposer:
By:
(Signature & Title)
Date:
1The amounts specified in Appendix A to Part 93 are updated annually, as adjusted in accordance with the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990 (Pub. L. 101-140), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (section 701 of Pub. L. 114-74). Annually adjusted amounts are published at 45 CFR part 102.
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______, if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify__________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
INSTRUCTIONS FOR COMPLETING DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the inkind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04
ATTACHMENT 6
1. City of Laguna Hills Vehicle Miles Traveled Analysis Guidelines under CEQA and General Plan Development
Review Traffic Study Guidelines
2. Revised Conceptual Project Renderings from August 2025 Workshop
3. September 9, 2025 City Council staff report for the Mobility Element Amendment to General Plan
Paseo De Valencia Improvements Two-Way Class IV Bike Trail STOP STOP STOP
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OPTIONAL: 1-WAY CLASS IV IN EACH DIRECTION
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Cabot Road Improvements Two-Way Class IV Bike Trail
R/W R/W
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1’ TWD 4' BUFFER 8’ LANDSCAPE
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VEHICULAR
11'
WESTBOUND
VEHICULAR
13'
WESTBOUND
VEHICULAR
10'
SCHOOL
DROP OFF
LANE
SECTION B-B
R/W R/W
5' 8' 6'
50’
80’
2' BUFFER
1’ TWD
8’ LANDSCAPE
PED CLASS IV
BIKE
FACILITY
PED
13'
EASTBOUND
VEHICULAR
12'
EASTBOUND
VEHICULAR
12'
WESTBOUND
VEHICULAR
13'
WESTBOUND
VEHICULAR
SECTION C-C
R/W R/W
5' 8'
58’
80’
2' BUFFER
6’ LANDSCAPE
1’ TWD
PED CLASS IV
BIKE
FACILITY
13'
SOUTHBOUND
VEHICULAR
13'
NORTHBOUND
VEHICULAR
10'
STRIPED
MEDIAN
11’
SOUTHBOUND
VEHICULAR
11’
NORTHBOUND
VEHICULAR
CURB TO CURB
SECTION D-D
STOP
STOP
NELLIE GAIL
RD
PASEO DE VALENCIA
CABOT RD
CABOT RD
EL PASEO
METROLINK
HITCHING
RAIL
RD
D
D
C
C
PROPOSED CITY OF MISSION VIEJO
QUAD CITIES BIKEWAY PROJECT
Item No. 4.7
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Proposed Installation of Parking Space Markings on Via Lomas Recommendation: That the City Council authorize the City Engineer to install painted parallel parking space markings on Via Lomas.
Background:
At the November 19, 2025, Traffic Commission meeting, Vice Chair Patel requested City staff place on the January 21, 2026, Traffic Commission meeting agenda the installation of “T’s” on Via Lomas due to requests from residents that marked parking spaces on Via Lomas may improve parking efficiencies and increase the number of vehicles that can park on Via Lomas.
A parking “T” marker is a pavement marking in the shape of a “T” used to delineate individual parking spaces, helping to ensure vehicles are parked in an orderly and efficient manner by minimizing large gaps between vehicles. Installation of “T’s” are permitted in the California Manual of Uniform Traffic Control Devices (CA MUTCD).
Attached is an excerpt and diagram from the MUTCD.
Via Lomas is a 40 foot wide street that connects Alicia Parkway and Moulton Parkway.
The fronting uses generally include higher density residential buildings and a private, community park. There is no striping on the street other than centerline street striping.
The prima facie speed limit is 25 mph. The street is signed with No Parking during street sweeping from 10 AM to 2PM on the 2nd and 4th Wednesdays of the month. There are several No Parking zones established on the street to preserve sight distance at driveways, at the entrance to the tract, and around fire hydrants and mailboxes.
Item No. 4.7
After conducting daytime field observations, City staff noted some vehicles park with large gaps in between other adjacent vehicles potentially limiting the total number of vehicles that can park on the street. Traffic Commissioner Schaff also conducted a nighttime field observation to verify how many cars typically park on Via Lomas. The addition of marked parallel parking stalls using “T’s” should help address gaps between vehicles and ensure vehicles will be evenly spaced. Implementing marked parking stalls should not reduce the number of vehicles that typically park on Via Lomas. Traffic Commissioner Schaff reported he counted 123 parked vehicles on Via Lomas on the evening of January 21, 2026 (before the Traffic Commission meeting). The City Engineer estimates that 125 parking spaces can be provided using the proposed layout.
Therefore, Traffic Commission recommended that City Council install marked parallel parking "T's" along Via Lomas.
The Laguna Hills Municipal Code is silent on the authority of the City Manager to install “T’s” to delineate individual parallel parking spaces on City streets only for the purposes of improving parking efficiency. The California Vehicle Code states: "A local authority may, by ordinance, cause streets and highways to be marked with white lines designating parking spaces and require vehicles to park within the parking spaces." (Emphasis added.) However, at this time, City staff is not recommending that City Council adopt an ordinance for enforcement purposes. Rather, if City Council authorizes the installation of marked parking stalls on Via Lomas, City staff will monitor compliance and evaluate if an ordinance is later required. Thus, City staff’s recommendation is for the City Council to authorize the City Engineer to install painted parallel parking space markings on Via Lomas. If authorized, the City Engineer intends to delineate the marked parking spaces using white painted "T's" using the layout that is circled in the attachment.
CEQA Analysis:
The operation and maintenance of existing highways and streets is categorically exempt under the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3.
Fiscal Impact:
The estimated cost to install (paint) the T's is $5,000. This cost can be absorbed into the Public Works maintenance budget (100-355-720401).
Item No. 4.7
Attachments:
1. Parking Stall Marking Diagrams - MUTCD Figure 3B-21
2. MUTCD Excerpt - Section 3B.19
3. Examples of Vehicle Parking Gaps
4. Proposed Parking Stall Spaces
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Chapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Chapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings
Guidance:
24 Mid-block pedestrian crossings are generally unexpected by the motorist and should be discouraged unless, in the opinion of the engineer, there is strong justification in favor of such installation. Particular attention should be given to roadways with two or more traffic lanes in one direction as a pedestrian may be hidden from view by a vehicle yielding the right-of-way to a pedestrian.
Option:
25 When diagonal or longitudinal lines are used to mark a crosswalk, the transverse crosswalk lines may be omitted.
Standard:
26 However, when the factor that determined the need to mark a crosswalk is the clarification of pedestrian routes for sight-impaired pedestrians, the transverse crosswalk lines shall be marked.
Option:
27 At controlled approaches, limit lines (stop lines) help to define pedestrian paths and are therefore a factor the engineer may consider in deciding whether or not to mark the crosswalk. 28 Where it is desirable to remove a marked crosswalk, the removal may be accomplished by repaving or surface treatment.
Guidance:
29 A marked crosswalk should not be eliminated by allowing it to fade out or be worn away.
Support:
30 The worn or faded crosswalk retains its prominent appearance to the pedestrian at the curb, but is less visible to the approaching road user.
Standard:
31 Notification to the public shall be given at least 30 days prior to the scheduled removal of an existing marked crosswalk. The notice of proposed removal shall inform the public how to provide input related to the scheduled removal and shall be posted at the crosswalk identified for removal. Refer to CVC 21950.5 Option:
32 Signs may be installed at or adjacent to an intersection directing that pedestrians shall not cross in a crosswalk indicated at the intersection in accordance with CVC 21106(b).
33 White PED XING pavement markings may be placed in each approach lane to a marked crosswalk, except at intersections controlled by traffic signals or STOP or YIELD signs.
Section 3B.19 Parking Space Markings
Support:
01 Marking of parking space boundaries encourages more orderly and efficient use of parking spaces where parking turnover is substantial. Parking space markings tend to prevent encroachment into fire hydrant zones, bus stops, loading zones, approaches to intersections, curb ramps, and clearance spaces for islands and other zones where parking is restricted. Examples of parking space markings are shown in Figure 3B-21 3B-21(CA).
Standard:
02 Parking space markings shall be white.
Option:
03 Blue lines may supplement white parking space markings of each parking space designated for use only by persons with disabilities.
Support:
04 Additional parking space markings for the purpose of designating spaces for use only by persons with disabilities are discussed in Section 3B.20 and illustrated in Figure 3B-22 3B-22(CA). The design and layout of accessible parking spaces for persons with disabilities is provided in the “Americans with Disabilities Act Accessibility Guidelines (ADAAG)” (see Section 1A.11).
Support:
05 Refer to CVC 22500 through 22522 for parking space markings. 06 Refer to Section 2B.39 for Parking Regulations.
Policy on Parking Restrictions
Option:
07 Local authorities may, by ordinance, provide for the establishment of parking meter zones and cause streets and highways to be marked with white lines designating parking spaces. Refer to CVC Section 22508.
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1,2, &3, as amended for use in California) Chapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings
Standard:
08 Where the proposed zones are on State highways, the ordinances shall be approved by Caltrans. 09 Local authorities shall furnish a sketch or map showing the definite location of all parking meter stalls on State highways before Caltrans approval is given.
Support:
10 The District Directors have been delegated the authority to approve such ordinances. 11 The desirable dimensions of parking meter stalls are 8 feet by 24 feet with a minimum length of 20 feet.
Guidance:
12 At all intersections, one stall length on each side measured from the crosswalk or end of curb return should have parking prohibited. A clearance of 6 feet measured from the curb return should be provided at alleys and driveways. 13 At signalized intersections parking should be prohibited for a minimum of 30 feet on the near side and one stall length on the far side. See Figure 3B-21(CA).
Standard:
14 The departmental approval for the installation of the parking meters shall be covered by an encroachment permit.
Section 3B.20 Pavement Word, Symbol, and Arrow Markings Support:
01 Word, symbol, and arrow markings on the pavement are used for the purpose of guiding, warning, or regulating traffic. These pavement markings can be helpful to road users in some locations by supplementing signs and providing additional emphasis for important regulatory, warning, or guidance messages, because the markings do not require diversion of the road user’s attention from the roadway surface. Symbol messages are preferable to word messages. Examples of standard word and arrow pavement markings are shown in Figures 3B23 3B-23(CA) and 3B-24 3B-24(CA). 01a Normally, pavement word and symbol markings supplement standard signing.
Option:
02 Word, symbol, and arrow markings, including those contained in the “Standard Highway Signs and Markings” book (see Section 1A.11), may be used as determined by engineering judgment to supplement signs and/or to provide additional emphasis for regulatory, warning, or guidance messages. Among the word, symbol, and arrow markings that may be used are the following:
A. Regulatory:
1. STOP
2. YIELD
3. RIGHT (LEFT, U) TURN ONLY
4. 25 MPH
5. Lane-use and wrong-way arrows
6. Diamond symbol for HOV lanes
7. Other preferential lane word markings
B. Warning:
1. STOP AHEAD
2. YIELD AHEAD
3. YIELD AHEAD triangle symbol
4. SCHOOL XING
5. SIGNAL AHEAD
6. PED XING
7. SCHOOL
8. R X R
9. BUMP
10. HUMP
11. Lane-reduction arrows
12. TRAIL XING
Revised March 30, 2021
Examples of Vehicle Parking Gaps
Approximate Measurements of Existing Parking Curb Lengths Via Lomas South Side #1
Modify to 4 delineated parking spaces: 20’ + 24’ + 24’ + 20’ = 88’ which is slightly greater than 84’ available.
Via Lomas South Side #2:
Modify to 5 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 20’ = 112’ < 119’ available
Via Lomas South Side #3
Modify to 3 delineated parking spaces: 20’ + 24’ + 20’ = 64’ < 72’ available
Via Lomas South Side #4
Modify to 7 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 160’ < 172’ available
Or, under the reduced standard, modify to 8 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 172’ which approximately matches the 172’ available
For comparison purposes, only 8 cars are parked in the aerial photo above.
Via Lomas South Side #5
Modify to 9 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 208’ For comparison purposes, only 8 cars are parked in the aerial photo above.
Via Lomas South Side #6
Modify to 10 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 232’ < 246’ available
Or, under the reduced standard, modify to 11 delineated parking spaces: 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’= 244’ < 246’ available
For comparison purposes, only 9 cars are parked in the aerial photo above.
Via Lomas South Side #7
Modify to 6 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 20’ = 136’ > 124’ available Or, under the reduced standard, modify to 6 delineated parking spaces: 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ = 132’ > 124 available For comparison purposes, only 9 cars are parked in the aerial photo above.
Via Lomas South Side #8
Modify to 2 delineated parking spaces: 24’ + 24’ = 48’
There is a red zone for a fire hydrant east of the 48’ open curb.
Via Lomas South Side #9
Modify to 7 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 160’ > 156’ available
Or, under the reduced standard, modify to 7 delineated parking spaces: 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 152’ < 156’ available, which better fits available space
For comparison purposes, only 6 cars are parked in the aerial photo above.
Via Lomas South Side #10
Modify to 4 delineated parking spaces: 20’ + 24’ + 24’ + 20’ = 88’ > 82’ available
Via Lomas North Side #1
Modify to 4 delineated parking spaces: 20’ + 24’ + 24’ + 20’ = 88’ Or, under the reduced standard, modify to 5 delineated parking spaces: 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 108’ > 97’ available. Possibly reduce the length of the no parking zone towards Alicia Parkway?
For comparison purposes, 4 cars are parked in the aerial photo above. However, sometimes 5 cars are parked:
Via Lomas North Side #2
Modify to 14 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ +24’ +24’ + 20’ = 328’ < 342’ available
Or, under the reduced standard, modify to 16 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 348’ which slightly more than 346’ available 15 cars are parked in the aerial photo above.
Via Lomas North Side #3
Modify to 12 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 280’ < 281’ available
Or, under the reduced standard, modify to 13 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’= 284’ which is slightly more than 281’ available
11 cars are parked in the aerial photo above.
Via Lomas North Side #4
Modify to 10 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 232’ < 245’ available
Or, under the reduced standard, modify to 11 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’= 240’ < 245’ available
10 cars are parked in the aerial photo above.
Via Lomas North Side #5
Modify to 6 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 20’ = 136’ < 142’ available Or, under the reduced standard, modify to 7 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 132’ < 142’ available
The 28’ open curb length would be 1 additional delineated parking stall.
Via Lomas North Side #6
Modify to 13 delineated parking spaces: 20’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 24’ + 20’ = 304’ < 305’ available
Or, under the reduced standard, modify to 14 delineated parking spaces: 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ + 4’ gap + 20’ + 20’ = 304’ < 305’ available
14 cars are parked in the aerial photo above.
Item No. 4.8
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Joe Ames, Assistant City Manager
Issue: Proposed License Agreements for 24031 El Toro Road, Suites 250A, 250B, 250C, and 250E, Laguna Hills, California
Recommendation: That the City Council: 1. Approve the proposed license agreements for 24031 El Toro Road, Suites 250A, 250B, 250C, and 250E, Laguna Hills, California; and
2. Authorize the City Manager to make minor modifications, as necessary, to the license agreements and to execute the agreements.
Background:
City staff and the Civic Center property management company, Essex Realty Management, Inc., have negotiated license agreements for 24031 El Toro Road, Suites 250A, 250B, 250C, and 250E, Laguna Hills, California.
License agreements were executed for tenants in Suite 250 because, unlike other offices in the Civic Center, Suite 250 has been subdivided into five (5) offices, each with its own tenant. The tenants share a common hallway and reception area. The license agreements are considered short-term and run for 12-month periods.
This suite was leased in this manner starting several years ago because City staff and Essex Realty Management identified several prospective licensees who wanted office space in the Civic Center, but individually did not have the need for full use of a larger office space. This arrangement benefits both the licensees and the City because the total sum of the rent collected from the five offices exceeds the amount that would otherwise be collected on a traditional office lease.
Item No. 4.8
The license agreements have been included as attachments to this staff report. City staff is recommending approval of the license agreements.
Fiscal Impact:
The following is a summary of the key terms and financial analysis:
Suite 250A
Commencement Date: January 1, 2026
Term: 12 Months
Rentable Square Feet: ~200 SF
Estimated Upfront Capital: $228.66
Base Rent: Months 1-12: $762.20 per month (~$3.81/SF/Mo) Total Estimated Rent Payments: $9,146.40
Suite 250B
Commencement Date: January 1, 2026
Term: 12 Months
Rentable Square Feet: ~200 SF
Estimated Upfront Capital: $196.83
Base Rent: Months 1-12: $656.11 per month (~$3.28/SF/Mo) Total Estimated Rent Payments: $7,873.32
Suite 250C
Commencement Date: January 1, 2026
Term: 12 Months
Rentable Square Feet: ~200 SF
Estimated Upfront Capital: $196.94
Base Rent: Months 1-12: $656.48 per month (~$3.28/SF/Mo) Total Estimated Rent Payments: $7,877.76
Suite 250E
Commencement Date: January 1, 2026
Term: 12 Months
Rentable Square Feet: ~200 SF
Estimated Upfront Capital: $261.95
Base Rent: Months 1-12: $873.17 per month (~$4.37/SF/Mo) Total Estimated Rent Payments: $10,478.04
Item No. 4.8
Combined Total Estimated Rent Payments (Suites 250A, 250B, 250C, and 250E):
$35,375.52
The Base Rent includes the licensee’s share of eligible operating expenses (also known as common area maintenance charges). Upfront Capital includes leasing commissions and tenant improvements (or allowances for tenant improvements). The negotiated license agreements do not include any tenant improvement concessions or allowances.
Essex Realty, per the terms of the existing property management agreement, will receive approximately $884.38 for its commission (2.5% of total rent consideration).
This is substantially lower than what would have been paid in commissions to the procuring broker if the space had been rented to someone not currently a tenant.
Attachments:
1. Proposed License Agreement – Suite 250A
2. Proposed License Agreement – Suite 250B
3. Proposed License Agreement – Suite 250C
4. Proposed License Agreement – Suite 250E
Item No. 4.9
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Mayor and Council Members
From: Jennifer Lowe, Community Development Director
Issue: Development Application Status Report
Recommendation: That the City Council receive and file the report.
Background:
The City Council has indicated that based on potential impact(s) to the community, certain projects warrant a regular status update. The purpose of this Status Report is to identify new and pending major development applications in process with the City’s Community Development Department which will require a public hearing. Links to project documents are available on the City’s website
at: https://lagunahillsca.gov/PlanningProjects.
Case Number USE-0231-2025 (CUP)
Project Location 23297 South Pointe Drive
Project
Description
Request for conditional use permit to establish a community care facility (drug abuse and alcoholism recovery) in the Mixed Use (MXU) zone.
Applicant Daniel Avdee, Manifest Behavioral Health
Project Planner Elizabeth Yee, Contract Planner
Status The application was submitted on August 1, 2025. Staff is currently processing the application and plans. This items is tentatively scheduled for public hearing on March 10, 2026.
Item No. 4.9
Case Number USE-0209-2025 (SDP/VTTM)
Project Location 23272, 23282, 23422, 23382, 23332 Mill Creek Drive; 24461, 24411 Ridge Route Drive
Project
Description
Request to construct 464 residential units.
Applicant John Stack, on behalf of Ridge Route LLC, KB Mill Creek DST, KB Spectrum Summit Plaza, LLC
Project Planner David See, Contract Planner
Status This project was initially submitted as a preliminary application under SB 330 on October 29, 2024. The formal development application was submitted on January 23, 2025. On April 18, 2025, staff notified the Applicant that the application was officially determined to be complete. Staff reviewed the entire application for consistency with applicable development standards in accordance with Gov. Code §65589.5. On June 17, 2025, a letter was sent to the Applicant identifying reasons the proposed Project is, or potentially is, inconsistent, not in compliance, or not in conformity with City plans, programs, policies, ordinances, standards, and requirements. On September 26, 2025, the Applicant resubmitted their application and notified the City of its position that the Project is exempt from review under CEQA pursuant to AB 130. Staff is reviewing the application and evaluating the Project's eligibility for the AB 130 CEQA exemption.
Accordingly, the City sent a notice to the tribes of the tribal consultation process under AB 130. Staff is continuing to work with the Applicant on various aspects of the application. This item is scheduled for public hearing on February 24, 2026.
Case Number USE-0165-2023 (ZTA/TTM/SDP)
Project Location 23272 – 23282 Mill Creek Drive
Project
Description
Request to construct 48 detached residential condominium units.
Applicant John Stack, on behalf of KB Spectrum Summit Plaza, LLC Project Planner Jay Wuu, Senior Planner
Item No. 4.9
Status On May 3, 2024, a letter was sent to the Applicant deeming the Application complete. On August 28, 2024, a letter was sent to the Applicant identifying additional technical review comments and informing the Applicant of significant design concerns. On October 29, 2024, the Applicant submitted an application for a larger development that includes this property. Staff is currently awaiting a withdrawal of the Application or resubmittal of plans.
The Applicant has stated that they do not intend to withdraw the application until the newer application is closer to entitlement.
Case Number USE-0172-2024 (CPMA)
Project Location 23521 Paseo de Valencia
Project
Description
Request to construct carports in the Taj Mahal parking lot to accommodate solar panels.
Applicant Alisha Cosio, on behalf of Valta Energy
Project Planner Jay Wuu, Senior Planner
Status On March 29, 2024, a letter was sent to the Applicant deeming the Application incomplete. Staff is currently awaiting resubmittal of plans; the item will be scheduled for public hearing when ready.
Fiscal Impact:
None.
Attachments:
None
Item No. 5.5.1
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: February 24, 2026
To: Chair and Agency Members
From: David See Contract Planner
Jennifer Lowe, Community Development Director
Issue: Vesting Tentative Tract Map/Site Development Permit/Precise Plan/Conditional Use Permit/Parking Use Permit No. 0209-2025 (Terravita) Recommendation: That the Planning Agency:
1. Conduct a public hearing;
2. Find and determine that the proposed project is exempt from the California Environmental Quality Act as an infill development housing project pursuant to Assembly Bill 130 (Public Resources Code Section 21080.66); and
3. Adopt a Resolution entitled: A Resolution of the Planning Agency of the City of Laguna Hills, California, conditionally approving Vesting Tentative Tract Map / Site Development Permit / Precise Plan / Conditional Use Permit / Parking Use Permit No. 0209-2025, a request by John Stack, on behalf of Kingsbarn Capital and Development, LLC, to permit a project that consists of: the subdivision of an existing 18.5-acre parcel located at 23272, 23282, 23332, 24411, and 23422 Mill Creek Drive and 24461 and 24411 Ridge Route Drive (APN 588-161-06, 588-161- 07 588-161-08 588-161-09 588-161-10, 588-161-11, 588-161-12, and 588-161- 13); demolition of seven existing office buildings and surface parking and the construction of a new 480-unit residential development consisting of 259 attached single family units, 221 multi-family units, including 24 affordable units for very low income households, waivers of development standards per State Density Bonus Law, and a 6-story, 380-stall parking structure on Lot 4; and finding the Project exempt from the California Environmental Quality Act as an infill development housing project pursuant to Assembly Bill 130 (Public Resources Code section 21080.66).
Item No. 5.5.1
Background:
Kingsbarn Capital and Development, LLC (“Owner” or “Applicant”) proposes to redevelop the office properties into a 480-unit residential development consisting of 259 attached single-family units and 221 multi-family units, including 24 affordable units for rental to very low-income households (“Project”). The Project includes the proposed subdivision of an existing 18.5-acre project site into four (4) lots: Lot 1 at
3.23-acres; Lot 2 at 4.6-acres; Lot 3 at 6.47-acres; and Lot 4 at 2.33-acres.Additionally, the proposed final map will include four lots (Lots A, B, C, and D), with a combined area of 1.88-acres, proposed to be used for recreation, open space, and private streets. Lot 1 will contain 46 single-family attached units with each building consisting of two “Duet” (or duplex) units. Lot 2 will contain 107 duplex or triplex single-family units. Lot 3 will contain 106 duets units. Lot 4 is proposed to be developed as a six-story, 85-foot tall, multi-family residential building containing 221 residential apartment units and associated structured parking.
The subject property is an approximately 18.5-acre lot located on the northeast corner of Mill Creek Drive and Ridge Route Drive. The property is currently developed with seven existing office buildings and surface parking lot, which was constructed in the late 1980s.
Figure 1: Existing two story office building
Item No. 5.5.1
The subject property is surrounded by public roads and shares property lines with a commercial center to the south, church complex with a reservoir to the east, and an office building to the north. Across Mill Creek Drive to the west is an existing residential neighborhood with 2-story attached condominiums.
The Project site has a General Plan Land Use Designation of Mixed Use (“MU”).
Additionally, the site is within the Mixed Use zoning district (“MXU”) and Housing Overlay (“H”) zone, which was established to provide development and land use regulations for the development of housing on specified sites identified in the City’s 6th Cyle Housing Element to accommodate the City’s unmet housing needs. The Project is subject to the combined regulations of the MXU and H Overlay standards (“MXU/H”).
The General Plan and MXU/H permit high-density residential uses in their respective land use and zoning designations. The proposed Project is consistent with the MU Land Use Designation and the use and development standards of the MXU, including maximum lot coverage, maximum building height, and minimum lot size. However, the Applicant requests to utilize State Density Bonus Law (“SDBL”) to permit development standard waivers. The MXU/H district allows for 20 -50 DU/AC dwelling units per acre (“DU/AC”). The Applicant is proposing an overall density of 25.9 DU/AC. Codified as California Government Code Section 65915, SDBL requires the City to approve increases in density, concessions/incentives, parking reductions, and development standard reductions/waivers for projects that include affordable units in a qualified housing project. The specifics of the density bonus request are discussed below in the Proposal & Analysis section of this report.
Authority:
The Development Code (commonly cited as the “Zoning Code” or the “Code”) is codified as Title 9 of the Laguna Hills Municipal Code (“LHMC”) and provides specific rules and standards for property use and development within the City of Laguna Hills.
Chapter 9-92 of the Code outlines the process the City must ordinarily follow in reviewing new development projects. Pursuant to Chapter 9-92, approval of the proposed Vesting Tentative Tract Map, Site Development Permit, Precise Plan, Conditional Use Permit and Parking Use Permit requires Planning Agency approval.
Chapter 9-92 also sets forth specific findings that ordinarily must be made in order to approve a Site Development Permit and/or Parking Use Permit. However, for housing development projects, State law (specifically, the Housing Accountability Act) preempts the procedures and findings set forth in the Development Code.
For housing development projects, the Housing Accountability Act adds an additional burden on the City’s ability to deny a housing project that complies with applicable
Item No. 5.5.1
objective general plan, zoning, subdivision, and design standards. Subdivision (j)(1) of Government Code Section 65589.5 states:
(j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
If a court finds a violation of the Housing Accountability Act, then the Court under that same statute has an ability to impose liability on an offending agency or city (depending on the facts of the case) for fines, penalties, sanctions, and the attorney’s fees and costs incurred by the applicant and any other entity given standing under the Housing Accountability Act to sue for a violation of that statute.
State Density Bonus Law (“SDBL”)
Codified as California Government Code Section 65915, SDBL requires the City to approve increases in density, concessions/incentives, parking reductions, and development standard reductions/waivers for projects that include a qualified affordable housing project. While the MXU/H district allows for residential projects up to 20-50 DU/AC, the site on the Project site. The Applicant is proposing a density of 25.9 DU/AC; therefore, a density bonus increase is not being requested.
Under SDBL, developers can request an unlimited number of “waivers” or modifications of development standards that would have the effect of physically precluding the construction of the proposed density bonus units or the requested developer’s
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requested concession or incentive. A city can only deny the requested waiver if it finds, based upon substantial evidence, that the waiver is contrary to state or federal law or would have a specific adverse impact on public health or safety or on property which is listed on the state Register of Historical Resources and where there is no feasible method to satisfactorily mitigate the specific adverse impact. The proposed Project has been designed to incorporate several development standard waivers or reductions per the SDBL. The specifics of the density bonus waiver requests are discussed below in the Proposal & Analysis section of this report. A more detailed summary of State Density Bonus Law is attached to this report for reference (see Attachment 4).
Assembly Bill 130 (AB 130)
On June 30, 2025, the State Legislature adopted, and the Governor signed, AB 130 and SB 131, which took effect immediately. These two bills made substantial changes to the California Environmental Quality Act (“CEQA”) and the Permit Streamlining Act which further significantly limit the ability of cities to evaluate and disapprove higher density housing development projects.
AB 130 created a new statutory CEQA exemption for infill housing development projects meeting specified criteria and which have completed a consultation process with California Native American tribes that are traditionally and culturally affiliated with the project site (Public Resources Code Section 21080.66). To qualify for AB 130’s statutory exemption, a Project must, among other things, be consistent with the applicable general plan and zoning ordinances (or qualify for a density bonus and waivers of development standards per the SDBL), achieve a density of at least 15 dwelling units per acre, be located on a site that is no more than 20 acres in size, be outside specified environmentally sensitive areas, and meet certain design criteria if located within 500 feet of a freeway.
On September 26, 2025, the Applicant notified the City that it was invoking AB 130’s CEQA exemption for infill development housing projects. As required by AB 130, the City conducted an expedited tribal consultation process regarding the proposed Project.
The Applicant prepared an AB 130 Infill Housing Checklist demonstrating that the Project qualifies for the AB 130 CEQA exemption (Attachment 3). The City’s peer-review consultants evaluated the Applicant’s AB 130 checklist and concluded that the Project qualifies for the AB 130 exemption. Among other things, the Project achieves a density greater than 15 dwelling units per acre (59.8 du/ac) on a site that is less than 20 acres in size (18.5 acres); the Project site was previously developed with urban uses; the Project site is not located in an earthquake fault zone, very high fire hazard severity zone, or other environmentally sensitive area; with the exception of SDBL waivers, the Project is
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consistent with the General Plan, MXU/H district, and applicable zoning and development standards; and the Project is not located within 500 feet of a freeway. The Project site is currently mapped within a special flood hazard area by the Federal Emergency Management Agency (FEMA). A hydrology analysis prepared by the Applicant and peer-reviewed by the City, however, demonstrates that the site is not actually located in a special flood hazard area. Approval of the Project would be conditioned on the Applicant obtaining a Letter of Map Revision or Amendment from FEMA.
AB 130 also amended certain provisions of the Permit Streamlining Act to require expedited review of housing development projects that qualify for the new CEQA infill exemption. Notably, Government Code Section 65950 was amended to require a lead agency for a development project (in this case the City) to either approve or disapprove a project that is exempt from CEQA under Public Resources Code Section 21080.66 within 30 days of completing the tribal consultation required by AB 130.
Tribal consultation began on October 10, 2025, and concluded on January 7, 2026. The Applicant agreed to extend the date for the Planning Agency to hear and act on the project application to February 24, 2026. During the consultation period, two tribes requested consultation: Gabrieleño Band of Mission Indians - Kizh Nation and Juaneño Band of Mission Indians, Acjachemen Nation. The Pauma Band of Luiseno Mission Indians (PBLMI) also responded to the City’s AB 130 notice but did not wish to conduct formal AB 130 consultation. The tribal cultural resources measures resulting from consultation have been incorporated into the conditions of approval for the project (Condition of Approval Nos. 103-126).
Staff has prepared a proposed Resolution for conditional approval of the Project in accordance with the provisions of State law cited above for the Planning Agency’s consideration (Attachment 1).
Proposal & Analysis:
Overview
The Applicant requests approval of a Vesting Tentative Tract Map, Site Development Permit, Precise Plan, Conditional Use Permit, and Parking Use Permit for “Terravita,” a residential development, which consists of 480 residential units and a parking garage within a six-story building on a 18.5-acre parcel. The proposed overall residential density is 25.9 dwelling units per acre. The Project also includes a Parking Use Permit for the six-level, partially subterranean parking structure (Attachment 2). The entitlements being requested by the Applicant are as follows:
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1. A Site Development Permit to demolish the existing office buildings and surface parking lot and develop the proposed residential Project.
2. A Vesting Tentative Tract Map (“VTTM”) to subdivide the existing site into four residential lots, two lettered lots for private park space, and two lettered lots for private streets.
3. A Precise Plan Review to permit a mix of land uses on a single property or contiguous properties.
4. A Conditional Use Permit to permit 221 multi-family residential units in the Mixed Use Zone.
5. A Parking Use Permit to permit the construction, operation, and maintenance of the parking structure being proposed on Lot 4.
The Project includes the subdivision of the existing 18.5-acre parcel into four residential lots and four lettered lots. The lot sizes, type of units and land use, and total unit counts are shown in the table below (Attachment 2, Sheet CS 1).
Figure 2: Lot Sizes and Land Use Types
Lot
Number
Lot Size (ac) Unit Type/Land Use No. of
Units
1 3.23 Single Family Attached (Duet) 46
2 4.60 Single Family Attached (Duplex/Triplex) 107
3 6.47 Single Family Attached (Duplex) 106
4 2.33 Multi-Family (6-story wrapped around a
parking structure)
221
A 0.31 Corner Park ---
B 0.30 Recreational Center (Lots 2 and 3) ---
C 1.10 Shared Street – Lots 2 and 3 ---
D 0.17 Shared Street – Lot 4 ---
Total 18.5 ---- 480
A summary of the proposed unit plan types, square footage, and unit counts for Lots 1, 2 and 3 is as follows (Attachment 2, Sheet CS 1):
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Figure 3: Single Family Attached Plan Types
Lot No. Plan Type Bed/Bath Sq. Ft. No. of Units
1 Plan 1
Plan 2
4 bed/3.5 bath
4 bed/3.5 bath
2,121
2,738
23 23
Triplex
Plan 1
Plan 2
Plan 3
2 bed+den/3 bath
3 bed/3.5 bath
3 bed/3.5 bath
1,820
1,965
2,130
29 29
29 2
Duplex
Plan 2
Plan 3
3 bed/3.5 bath
3 bed/3.5 bath
1,965
2,130
10 10
3 Plan 2
Plan 3
4 bed/3.5 bath
4 bed/3.5 bath
2,094
2,777
53 53
A summary of the proposed residential units for Lot 4 is as follows (Attachment 2, Sheet CS 1):
Figure 4: Multi-Family Unit Types
Unit Type Sq. Ft. Percentage No. of Units
Studios 561 11.3 25
1 Beds 615-756 60.6 134
2 Beds 761-1,079 28 62
Total ---- 100 221
Mixed Use District with Housing Overlay (“MXU/H”) Development Standards Section 9-30.040 of the MXU provides the land use and development standards for the Project site. The MXU contains the development standards for all new developments. A list of the requirements for each standard, proposed amounts, consistency with the Code, and which SDBL waivers are being proposed is provided on the City’s website.
Objective Development Standards (“ODS”)
Section 9-41 in the LHMC provides the development standards contained in Objective Design Standards (“ODS”). The ODS contains the development standards for all multifamily developments (which also includes “residential condominiums” per LHMC 9-
41.020). A list of the requirements for each standard, proposed amounts, consistency
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with the ODS, and which SDBL waivers are being requested are provided on the City’s website.
Site Design/Circulation
The 259 single-family units will be constructed on Lots 1-3, with Lot 1 being a standalone portion that does not share access with Lots 2, 3, and 4. The corner park proposed on Lot A is an ancillary use intended for residents and will not require separate vehicular access. Overall resident and visitor access into the site will be facilitated via two unsignalized driveways along Mill Creek Drive and one unsignalized driveway off Ridge Route Drive. These driveways will provide access to internal private streets servicing the development. Detailed vehicular access and circulation into each lot will be discussed in the following sections.
Figure 5: Terravita Site Plan
Lot 1 Circulation – Single Family Attached Units
Lot 1 includes 46 single-family attached units and features a single access point off Mill Creek Drive. Ingress and egress will be allowed via an unsignalized full-movement driveway with an automatic gate entry that provides access into the internal access aisles within Lot 1. There is approximately 76 feet of stacking distance between the extension of curb along Mill Creek Drive and the automated gate, which can accommodate queueing for up to four vehicles. On-street parking will be prohibited within each internal street to provide accommodations for larger vehicle and emergency access. There is no vehicular access shared between Lot 1 and the singlefamily units in Lots 2 and 3. In accordance with Orange County Fire Authority ("OCFA") requirements, Lot 1 meets the minimum fire lane width standard of 20 feet and one
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access point. While two dead-end drive aisles are shown on the site plan, neither exceeds the maximum allowable depth of 150 feet that would require an approved turnaround. Therefore, the site configuration is in compliance with OCFA code provisions.
Lots 2-3 Circulation – Single Family Attached Units
Lots 2 and 3 encompass the remaining 213 units of single-family attached units, with duplexes/triplexes on Lot 2 and duplexes on Lot 3. Non-emergency vehicle access will be facilitated by a single unsignalized access point with an automated gate entry off Mill Creek Drive. The distance between Mill Creek Drive and the automated gate will be approximately 250 feet, sufficient to accommodate up to 12 vehicles if necessary.
The internal streets within Lot 3 will have a width of 26 feet from curb to curb, with a minimum width of 22 feet for a segment situated at the northern part of the lot. In Lot 2, access aisles will range from 20 to 26 feet in width, providing adequate space for emergency and larger vehicles. To ensure proper fire access widths, curbs within Lots 2 and 3 will be striped red to prohibit on-street parking.
Additionally, Lots 2 and 3 will feature two separate emergency vehicle access gates - one along Mill Creek Drive and another sharing access with the driveway into Lot 4 off Ridge Route Drive. These two access points will be consistent with the OCFA Fire Master Plans for Commercial & Residential Development, which specifies that a minimum of two vehicle access points are required for developments containing 150 or more residential units.
“Driveways” within the Project site can be 24 feet wide but no longer than 150 feet in order to still be considered a driveway (Section 9-44 of LHMC, Table 9-44.D).
Otherwise, the driveway is considered to be a “Private Street” subject to Standard Plan No. 1107 with a paved width of 28-36 feet and a sidewalk on one or both sides. On most streets within Lots 1, 2 and 3, this project has buildings on both sides of the private streets; therefore, the minimum paved width of 36 feet applies with sidewalks on both sides. Instead, this Project includes 26 feet wide streets with a sidewalk on one side of the street. The Applicant has requested waiver or modification of some of these standards pursuant to the SDBL.
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Figure 6: Rendering of private street on Lot 2
Lot 4 Circulation – Multi-Family Units
Lot 4 consists of 221 apartment units within a six-story residential building. Access into the multi-family parking structure will be provided through an unsignalized driveway off Ridge Route Drive, immediately east of the signalized intersection of Mill Creek Drive and Ridge Route Drive. This entry will be 26 feet in throat width and will accommodate passenger vehicles as well as emergency vehicles utilizing the emergency vehicle access between Lots 3 and 4. There are 27 existing parking spaces outside of Lot 4 boundaries, along the eastern border of the lot, that are part of the adjacent commercial development. These parking spaces are not considered in the Project’s parking supply.
Overall Parking on the Project Site
Two different parking standards apply to the Project. First, LHMC Section 9-44-050 requires attached, single-family homes to provide two assigned parking spaces in a garage or parking structure and 0.3 unassigned parking spaces per unit. Second, Government Code Section 65915(p) limits the required parking in a project subject to the Density Bonus Law where 1 space per unit is required for 0-1 bedrooms, 2 spaces for 2-3 bedrooms, and 2.5 spaces for 4 or more bedrooms. The proposed Project meets the parking ratios permitted by the Density Bonus Law. A summary of the parking for each lot as compared to this standard is shown in the following table:
Figure 7: Required Parking Table
Lot No. of
Units Unit Type No. of Spaces Required
No. of Spaces
Provided
1 46 Single Family Attached (Duet) 115 138
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Lot No. of
Units Unit Type No. of Spaces Required
No. of Spaces
Provided
2 107 Single Family Attached
(Duplex/Triplex)
214 220
3 106 Single Family Attached (Duplex) 265 282
4 221 Multi-Family (6-story wrapped
around a parking structure)
283 380
Total ---- ---- 877 1,020
Parking on Lots 1-3
Each single family attached unit with side-by-side parking has a 20’ by 20’ enclosed garage. Other single-family attached units have two 10’ by 20’enclosed garage spaces with a staggered configuration. Some single family attached units have driveways that are sufficiently deep to accommodate an additional parking space. As such, these units will have three parking spaces (two within the garage and one within the driveway).
Twenty-one unassigned open parking spaces are also proposed, which includes one accessible space adjacent to the community center. The open parking spaces are 9’ wide by 18’ deep.
Parking on Lot 4
The Project includes a new multi-level parking structure, garages and driveway spaces for the single-family units, and surface parking lots with guest spaces. Pursuant to LHMC Section 9-44.110, parking structures, including underground or subterranean structures, shall require a Parking Use Permit and shall be designed to meet the guidelines in Section 9-44.110, in addition to standards contained in Chapter 9-44.
Located on Lot 4, a total of 380 parking stalls are proposed within the 6-level parking structure (Attachment 2, Sheet G1.0). The first level contains 23 parking stalls. The second – fifth levels contain 71 parking stalls each. The sixth level contains 73 parking stalls. The five ADA-accessible stalls are located on the first - fifth levels. LHMC Section 9-44.110 (Parking structure design standards) also requires a Parking Use Permit for parking structures and identifies parking structure design guidelines. The proposed Project complies with these guidelines.
Level of Service (“LOS”) Screening
The City’s guidelines provide criteria for determining whether a Traffic Impact Study that evaluates LOS will be required for a project. Per Section 7.0 of the City’s guidelines, a project that generates fewer than 50 peak hour trips and fewer than 500 trip-ends
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per day and is consistent with the zoning/general plan designation for the property would not require a Traffic Impact Study. The Project is forecasted to generate 44 net new daily trips, 197 fewer morning peak hour trips, and 158 fewer evening peak hour trips than the existing office land uses on-site. The trip thresholds established by the City are not exceeded; therefore, a traffic impact study is not required for this Project.
Architecture
Section 4.1 of the City’s Objective Design Standards (“ODS”) specifies that Spanish, Mediterranean, or Ranch architectural styles shall be used for multi-family developments (which also includes “residential condominiums” per LHMC 9-41.020) in the northern portions of the City. Once a style is selected, the ODS requires the same style is used throughout the Project. The Applicant is proposing a Spanish architectural style (Attachment 2, Sheets A3 – A6). According to the ODS, the Project must include six or more of the features listed in the ODS. The architectural features being proposed by the Applicant, which exceeds the minimum requirement of six features, are listed below:
Spanish style architectural features per ODS
• Wrought Iron Railings
• Recessed Entrances
• Multi-Pane Windows
• Dark Brown Wood Elements, including garage doors
• Clay Tile Vents
• Arched Entryways
• Window Grills
• Recessed Niches
• Simple Divisions of Window Mullions
• Decorative Tiles
• Fabric Awnings
• Gutters
• Exposed beams
• Shutters
• Red clay tile roofs
• Tower elements
The Applicant is proposing contrasting earthtone color schemes to avoid architectural monotony, while maintaining a consistent appearance throughout the development. A casing trim is proposed around the windows to provide shadow lines. Gable and shed roofs with minimal eave overhangs and s-shaped tiles are proposed. The use of
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articulation within the facades adds visual interest to the buildings. The sides of street facing units have additional articulation. Mechanical equipment will be located on the ground behind each unit, which will comply with setback and screening requirements set forth in the LHMC. The attached single family building heights will be 38 feet tall, which will be 7 feet taller than the existing 31 feet high, 2-story office buildings.
Figure 8: Rendering of single family attached units on Lot 2 Park Fees
In accordance with LHMC Chapters 18-06 and 8.07 and City Council Resolution No. 2018-11-13-3, the proposed project requires the payment of fees for parks, recreation and open space facilities to accommodate the residents of new residential development projects, which create a need for, and demand upon, such facilities. Based on the proposed density, the formula and associated Park Fee amount are provided below:
$15,636 x 480 units = $7,505,280
Signs
The Applicant submitted a signage concept plan for review and intends to submit a separate application at a later date for a Master Sign Program (MSP) for the property.
The MSP will incorporate the building identification signage, wayfinding and directional signs, and monument signage for the proposed Project. Condition of Approval No. 25 requires that the Applicant submit an application for Master Sign Program Application for review and approval prior to the issuance of a Certificate of Use and Occupancy.
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Landscaping, Recreation and Open Space
The Project includes tree-lined frontages along Mill Creek Drive and Ridge Route Drive and street trees along the frontages of the internal private streets, except within front setback areas where no planters are provided. A variety of shrubs, groundcover, and vines are proposed in all private yard areas. All trees within the existing surface parking lot and front/rear setback areas will be removed due to required grading and demolition to accommodate the residential development.
The proposed conceptual landscaping throughout the Project site consists of droughttolerant (low- to medium-water use) plants (Attachment 2, Sheet L1). The proposed tree palette includes the Strawberry, Chinese Flame, Crape Myrtle, Olive, Date Palm, Allepo Pine, London Plane, Carolina Cherry Laurel and Mexican Fan Palm. The shrub palette includes Agave, Aloe, Coyote Brush, Weeping Bottlebrush, Natal Plum, Rockrose, Dianella, Yucca, Holly, and Lantana, among others.
The Project includes three community recreational/open space areas (Attachment 2, Sheets L7, L8, and L9). Lot A is a 0.31-acre “Corner Park” which will be private park for the benefit of the Terravita residents. The park will include amenities such as a tot lot for children, benches/seating, a stage, turf area, sidewalks, dog park, and a 42-inch high fence around the dog park. Lot B is an enclosed 0.30-acre “Recreation Center” to serve the residents on Lots 2 and 3. The center will be owned and maintained by the homeowners’ association. The center will include amenities such as a fountain, outdoor barbeque, hardscape, dining area, outdoor seating/benches, turf area, fire pit, pool, community building, and cabana. Lastly, an enclosed 0.30 acre community space is proposed on Lot B to serve the multi-family residents on Lot 4. The area will include amenities such as decorative features, outdoor seating/benches, hardscape, fire pit, pool, monument sign, call box, and cabana. The area will be owned and maintained by the homeowners’ association.
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Figure 9: Rendering of recreational area on Lot 2
Fencing
The Project site will include perimeter and internal fencing as follows (Attachment 2, Sheet L10):
• Split face (decorative/textured) 6’ tall block wall along the Mill Creek Drive frontage of Lot 1, and around the parking lot of the Richmont office building at 23330 Mill Creek Drive, and in between Duet buildings on Lot 1 • Combo tubular steel fence with block wall 5’6” tall – eastern boundary of Lot 1, adjacent to a slope and Lots 2 and 3
• Tubular steel fence 5’6” tall on top of plantable Mechanically Stabilized Earth (MSE) retaining wall – northern boundary of Lot 1, adjacent to a slope and commercial property
• Tubular steel fence 6’ tall – along street frontage of Recreational Center (Lot B), in between duplexes along Mill Creek Drive, and around outdoor community area on Lot 4
• Vinyl white colored fence 6’ tall – eastern boundary of Lot 3, adjacent to a plantable MSE slope and church property
• A 38 foot high plantable geogrid Verdura retaining wall adjacent to the church reservoir to the east
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Figure 10: Entryway along Mill Creek Drive
Lighting
Exterior lighting proposed throughout the Project site will include 16-foot tall light poles along all of the internal private street frontages and 12-foot tall light poles within the recreation areas on Lots A and B. Lastly, LED uplighting is proposed to illuminate each monument sign.
LHMC Section 9-40.170 (Lighting) requires that all “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. Security lighting shall be provided at all entrances/exits.” The proposed 12 to 16-foot tall lampposts throughout the Project site, adjacent to residential units, are identified on the plans as generating a lighting intensity of between 1.4 – 5.7 footcandles (Attachment 2, Sheets EP1.1 and EP1.2). The Project site does not abut sensitive land uses such as single-family homes. Recommended Condition of Approval No. 23 requires the Applicant to submit a lighting and photometric plan to the Community Development Director prior to the issuance of a building permit that ensures the requirements LHMC Section 9-40.170 will be met.
Richmont Office Building at 23330 Mill Creek Drive
The Applicant proposes to construct a new parking lot to accommodate the office building at 23330 Mill Creek Drive, owned by Richmont Corporation. The site plan indicates that this office parcel is “Not a Part” of the Project site, nor is the parcel incorporated into the VTTM. This office building currently shares the same common surface parking lot as the eight other office buildings on the Project site, which are owned by Lakehills Corporate Park Owners’ Association. A Lot Line Adjustment (“LLA”) application is separately being processed to combine and adjust existing lot lines for purposes of disposition to the separate property owners upon potential future
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dissolution of the Owners’ Association, including the adjacent parking lot for the Richmont Corporation office parcel. The LLA will be reviewed and approved in accordance with LHMC Chapter 9-86, Subdivisions. Condition of Approval No. 18 requires that the proposed parcel divisions of the Final Tract Map shall be in substantial compliance with the approved tentative map and that the existing parcel conditions of the Final Tract Map shall reflect a lot line adjustment consolidating and adjusting existing parcel lines on the 23330 Mill Creek Drive office building site.
The office building has a total square footage of 13,638 sf. Pursuant to LHMC section 9-
44.050, the “General Office” parking requirement is 1 space/300 sf, so 45 spaces would be required for general office. In compliance with LHMC requirements, the plans show 47 spaces are proposed to accommodate general office uses.
Housing Element
The proposed Project site is identified as an underutilized site suitable for the development of housing in the City’s General Plan Housing Element Sites Inventory (Site ID Nos. 81, 87, and 113). The Underutilized Sites Analysis on pages H-203, H-204, and H206 of the Housing Element contains the following discussion regarding this site:
“Site 81: 23272 Mill Creek Drive 330”
“This 1.81-acre site is known as Summit Office Plaza (West). Existing uses are commercial. According to LoopNet, a commercial broker website, the site consists of 140 parking spaces and a three-story professional office building built in 1984. Tenants include a massage therapist, financial office, and software developer According to the Orange County Office of the Treasurer-Tax Collector, the assessed improvement value on this site is 44 percent of the total assessed value (land plus improvements), which also indicates that redevelopment is likely. The City has received a letter of support from the property owner conveying strong support for including Site 81 in the Housing Element as an opportunity site. The property was listed for sale in October 2022 and since that time, nearly 100% of the serious interest from buyers is for redevelopment of the site to residential uses. Given this strong level of interest and the owner’s willingness to consider a sale, there is a clear path towards this location being redeveloped for residential in the next several years. Staff has also discussed this site with multiple housing developers with interest in this site for residential development.
This site owner also owns adjacent Site 87.”
“Site 87: 23282 Mill Creek Drive 100”
“This 1.66-acre site is known as Summit Office Plaza (East). Existing uses are
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commercial. According to LoopNet, a commercial broker website, the site consists of 140 parking spaces and a three-story professional office building built in 1984. Tenants include environmental consultants, mortgage lenders, and a financial office. According to the Orange County Office of the Treasurer-Tax Collector, the assessed improvement value on this site is 44 percent of the total assessed value (land plus improvements), which indicates that redevelopment is likely. The site currently has multiple vacancies.
The site is located adjacent to Site 113, which is being purchased by a residential developer, as detailed below. The City has received a letter of support from the property owner conveying strong support for including Site 81 in the Housing Element as an opportunity site. The property was listed for sale in October 2022 and since that time, nearly 100% of the serious interest from buyers is for redevelopment of the site to residential uses. Given this strong level of interest and the owner’s willingness to consider a sale, there is a clear path towards this location being redeveloped for residential in the next several years. Staff has also discussed this site with multiple housing developers with interest in this site for residential development. This site owner also owns adjacent Site 81.”
“Site 113: 23332 Mill Creek Dr, 23382 Mill Creek Dr, 23422 Mill Creek Dr, 24411 Mill Creek Dr, and 24411-24461 Ridge Route”
“This 15.9-acre site is known as HERE (formerly Lakehills Corporate Park). Existing uses are commercial. This site consists of five 2-story professional office buildings totaling to 223,888 square feet constructed in 1988 and renovated in 2017. It also consists of a parking lot containing 865 spaces. The owners are very interested in the possibility of residential use of the property. The City has had several meetings with Ron Harari, President and CEO of Tova Capital, Inc., and have received a letter of support for future residential development of the site (see Appendix C). The property was marketed in May 2022 and staff has been contacted by at least a half-dozen developers interested in developing some type of residential use on the property. The property has been purchased by the Kelemen Company and Kingsbarn (a housing developer) who have indicated plans to develop the site with residential land uses, built in four phases to accommodate current office-space leases and to control timing for roll-out of new residential units ensuring adequate market absorption with each phase. See support letter, with concept plans, in Appendix C. There are some active long leases on site, however, the size and layout of the site has the opportunity for phasing, subdividing, and grouping remaining office uses in the same building(s) while allowing the site to incrementally realize residential development potential. This site has a low as-built FAR of 0.32 where 0.38 is permitted, indicating that the site is underutilized. This property has lakefront views, is located very close to services and primary arterials for regional accessibility.”
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No Net Loss
Pursuant to Government Code Section 65863, the City must ensure its Housing Element sites inventory continues to have capacity at all times to accommodate the RHNA by income group throughout the planning period. If a jurisdiction approves a development on a parcel identified in its Housing Element sites inventory with fewer units in an income category than shown in the Housing Element, the City must either make findings that the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level, or identify and make available additional adequate sites to accommodate the remaining unmet RHNA for each income category. A jurisdiction may not disapprove a housing development project on the basis that approval of the development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA.
Additionally, Section 65863 requires findings be made to ensure that the City can continue to fulfill requirements of Housing Element Law, including the accommodation of the RHNA. The findings must include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element to accommodate that need by income level.
At the time the 6th Cycle Housing Element was prepared and adopted, the City’s RHNA was calculated to be 1,985 units, divided into the following categories: 921 lowerincome units, 354 moderate-income units, and 710 above moderate-income units. The sites identified in the certified Housing Element were determined adequate to accommodate a total of 3,061 units, including 619 more units than the City’s unmet RHNA in the lower income category, 51 more units than the City’s unmet RHNA for the moderate-income category, and 406 more units than the City’s unmet RHNA for the above-moderate income category. Overall, the sites inventory in the adopted Housing Element reflected a total capacity surplus of 1,076 units.
A component of preparing the City’s Housing Element is the identification of vacant and underutilized sites suitable for residential development, and an evaluation of the housing development potential of these sites in fulfilling the City’s RHNA. The Project site is identified in the Housing Element as having a realistic capacity to accommodate 689 lower income (very low and/or low income) units. The proposed project would provide 24 very low-income units and 456 above moderate-income units. As a result, the City must determine whether the remaining sites identified in the Housing Element are adequate to meet the requirements of Section 65583.2 and accommodate the City’s remaining share of the unmet RHNA for the planning period.
Item No. 5.5.1
Since September 23, 2025, the City has approved three housing developments: La Paz Village, Oakbrook Plaza, and 23161 Mill Creek Road, for a total of 466 residential units, including 20 very low-income units. Two of the three housing developments invoked SB 330 to lock in zoning, fees, and development standards early, preventing changes during the project review process. Two of the developments used State Density Bonus Law, which permitted the developers to request waivers to development standards based on the type and affordability of housing units. Of the three sites, only one site (Oakbrook Plaza) was identified in the Housing Element as a potential site to accommodate greater intensity for development or vacant land for residential uses.
Staff evaluated all housing projects that have been permitted or approved during the current Housing Element planning period, including the remaining identified sites for potential housing projects in the Housing Element. Staff determined that the remaining sites identified in the Housing Element do not have sufficient capacity to accommodate the City’s remaining unmet RHNA need for each income level. The Project, as proposed, adjusts the City’s unmet need to satisfy the City’s RHNA to 1,293 lower income units and reduces the City’s remaining realistic capacity to accommodate lower income RHNA requirement to 1,076 units, establishing a deficit of 261 lower income units to meet the City’s RHNA requirement. In accordance with Government Code Section 65863(c)(2), if insufficient sites remain, the statute states that, within 180 days, a city must “identify and make available additional adequate sites to accommodate the jurisdiction’s share of the regional housing need by income level.” Section 65863(c)(2) further provides that “[n]othing in this section shall authorize a city . . . to disapprove a housing development project on the basis that approval of the housing project would require compliance with this paragraph.” The required No Net Loss findings are included in the proposed Resolution.
Conclusion:
With exception to the incentives/concessions, waivers and reductions of development standards, and reduced parking ratios permitted under State Density Bonus Law and given that (i) the proposed project meets all remaining MXU/H and ODS development standards; (ii) the development includes affordable housing units; (iii) the development properly invokes Density Bonus Law and requests development standard waivers and ODS standards; (iv) AB 130 has been properly invoked by the Applicant and the tribal consultation process is complete; and (v) the Project meets all the criteria imposed by that law Staff recommends approval of VTTM/SDP/CUP/PP/PUP No. 0209-2025.
Public Notice:
The proposed project was advertised in an adjudicated newspaper of general
Item No. 5.5.1
circulation on February 12, 2026. In addition, 320 property owners within a 500-foot radius of the subject property were mailed a public hearing notice. Any written comments received will be distributed at the public hearing held by the Planning Agency.
Applicant Community Meeting
At the request of Staff, the Applicant conducted a developer-led community meeting to discuss the project on January 15, 2026. Notice of the meeting was mailed to all property owners and occupants/tenants within 300-feet of the project site. The Applicant provided a brief presentation about the project and then was available for questions from the community. A City representative also was in attendance but did not participate or respond to questions regarding the project.
CEQA:
The Applicant contends that the proposed Project is exempt from review under the California Environmental Quality Act pursuant to the statutory exemption for infill housing development projects. (Public Resources Code Section 21080.66). The Applicant submitted an AB 130 checklist supported by technical studies. The City’s peer reviewer, De Novo Planning Group, evaluated the Applicant’s AB 130 checklist and supporting technical studies. De Novo determined that if the Project is deemed consistent with applicable general plan and zoning requirements because it is subject to the Density Bonus Law (Government Code Section 65915), then it satisfies the qualifying criteria set forth in AB 130. (Attachment 4). Tribal consultation was conducted and concluded under AB 130. Consistent with AB 130, Conditions of Approval have been included requiring monitoring of tribal cultural resources during construction and requiring identification and remediation of any hazardous substances on the Project site.
Fiscal Impact:
City regulations require applicants for development projects to reimburse the City for the actual fees and costs incurred by the City in conjunction with the City’s review, evaluation, and processing of land use applications and reviewing proposed projects pursuant to the provisions of the California Environmental Quality Act (“CEQA”). The Applicant shall be responsible for payment of all applicable fees pertaining to development of the Project pursuant to the City’s Comprehensive Fee Schedule.
Item No. 5.5.1
Attachments:
1. Proposed Resolution of Approval
2. Project Plan Set
3. AB 130 Infill Housing Exemption Checklist
4. State Density Bonus Law Summary
5. Chronology of Key Dates
6. Link to Project Documents
RESOLUTION NO. PA2026-02-24-X
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF LAGUNA HILLS, CALIFORNIA, CONDITIONALLY
APPROVING VESTING TENTATIVE TRACT MAP / SITE
DEVELOPMENT PERMIT / PRECISE PLAN / CONDITIONAL
USE PERMIT / PARKING USE PERMIT NO. 0209-2025, A
REQUEST BY JOHN STACK, ON BEHALF OF KINGSBARN
CAPITAL AND DEVELOPMENT, LLC, TO PERMIT A
PROJECT THAT CONSISTS OF: THE SUBDIVISION OF AN
EXISTING 18.5-ACRE PARCEL LOCATED AT 23272,
23282, 23332, 24411, AND 23422 MILL CREEK DRIVE AND
24461 AND 24411 RIDGE ROUTE DRIVE (APN 588-161-06,
588-161-07 588-161-08 588-161-09 588-161-10, 588-161-11, 588-161-12, AND 588-161-13); DEMOLITION OF SEVEN
EXISTING OFFICE BUILDINGS AND SURFACE PARKING
AND THE CONSTRUCTION OF A NEW 480-UNIT
RESIDENTIAL DEVELOPMENT CONSISTING OF 259
ATTACHED SINGLE FAMILY UNITS, 221 MULTI-FAMILY
UNITS, INCLUDING 24 AFFORDABLE UNITS FOR VERY
LOW INCOME HOUSEHOLDS, WAIVERS OF
DEVELOPMENT STANDARDS PER STATE DENSITY
BONUS LAW, AND A 6-STORY, 380-STALL PARKING
STRUCTURE ON LOT 4; AND FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AS AN INFILL DEVELOPMENT HOUSING
PROJECT PURSUANT TO ASSEMBLY BILL 130 (PUBLIC
RESOURCES CODE SECTION 21080.66)
The Planning Agency of the City of Laguna Hills, California, hereby finds, determines, declares, and resolves as follows:
WHEREAS, Kingsbarn Capital and Development, LLC (the “Applicant”) has requested approval of the subdivision of an existing 18.5-acre parcel currently containing seven office buildings and surface parking into four residential parcels, two lettered lots for private park space, and two lettered lots for private streets, the demolition of the seven existing office buildings and a surface parking lot, the construction of a new 480-unit residential development consisting of 259 attached duet, duplex, and triplex single family (for-sale) units and 221 (for-rent) multi-family apartment units, including 24 multi-family affordable units for very low income households, and a 380-stall parking structure on proposed Lot 4 (the “Project”); and
WHEREAS, the Subject Property is generally located at the corner of Mill Creek Drive and Ridge Route Drive; and
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WHEREAS, on October 28, 2024, the Applicant submitted an SB 330 preliminary application to the City for a 464-unit residential development and associated structured parking on the Subject Property; and
WHEREAS, on January 23, 2025, the Applicant submitted a formal land use application to the City for the Project that was consistent with the preliminary application, which the City determined and notified the Applicant was incomplete on February 21, 2025; and
WHEREAS, on March 19, 2025, the Applicant submitted a revised land use application to the City for the Project, which the City determined and notified the Applicant was complete on April 18, 2025, in accordance with Government Code Sections 65941.1(e) and 65943; and
WHEREAS, on June 17, 2025, the City subsequently provided technical comments and timely written notice to the Applicant pursuant to Government Code Section 65589.5(j)(2)(A) of those City plans, programs, policies, ordinances, standards, and requirements that the proposed Project was, or potentially was, inconsistent, not in compliance, or not in conformity with; and
WHEREAS, on June 30, 2025, the Legislature adopted, and the Governor signed, Assembly Bill (“AB”) 130, which was an urgency measure that took effect immediately; and
WHEREAS, among other changes, AB 130 added Section 21080.66 to the Public Resources Code, providing that infill housing development projects meeting specified criteria are statutorily exempt from review under the California Environmental Quality Act (“CEQA”); and
WHEREAS, on September 26, 2025, the Applicant submitted supplemental application materials to the City, which included a new project scope, an increase in dwelling units, vesting tentative tract map revisions, site plan changes, and responses to comments from the June 17, 2025, letter; and
WHEREAS, on December 19, 2025, the Applicant submitted a revised entitlement package to address the comments from the September 26, 2025 submittal; and
WHEREAS, as revised, the final Project application is for “Terravita,” a 480- unit residential development project, including 24 affordable units for very low-income households, associated structured parking, and certain waivers of development standards that would physically preclude the Project at the proposed density pursuant to the State Density Bonus Law (Government Code section 65915); and WHEREAS, on September 26, 2025, the Applicant notified the City that the proposed Project is exempt from CEQA as an infill development housing development project pursuant to AB 130 (Public Resources Code Section 21080.66); and
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WHEREAS, subdivision (b) of new Section 21080.66 of the Public Resources Code provides for local governments to offer and to engage in a process to consult with each California Native American tribe that is traditionally and culturally affiliated with the project site in order to identify whether a tribal cultural resource could be affected by the proposed project and to find measures that would avoid significant impacts to tribal cultural resources; and
WHEREAS, the City consulted with those California Native American tribes that the Native American Heritage Commission (NAHC) identified as traditionally and culturally affiliated with the proposed Project site for the purposes of identifying measures to avoid significant impacts to tribal cultural resources that could potentially be affected by the proposed Project which consultations concluded on or about January 7, 2026; and WHEREAS, the Project requires approval of a Vesting Tentative Tract Map, Site Development Permit, Precise Plan, Conditional Use Permit and a Parking Use Permit; and
WHEREAS, the Project has been designed to incorporate certain incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to the State Density Bonsu Law (Government Code Section 65915); and WHEREAS, the Project site has a General Plan Land Use Designation of Mixed Use, is designated in the General Plan Housing Element as an underutilized site that could accommodate a future housing development, and has a zoning designation of Mixed Use District with Housing Overlay (“MXU/H”); and
WHEREAS, the Planning Agency has considered evidence and testimony presented by City staff, the Applicant, the public, and other interested parties at a duly noticed public hearing held on February 24, 2026; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE PLANNING AGENCY OF THE CITY OF
LAGUNA HILLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. That the Project is statutorily exempt from CEQA as an infill development housing project pursuant to AB 130 (Public Resources Code Section 21080.66).
SECTION 3. That the conditions imposed on the Project are reasonable and do not reduce the density of the Project or render the Project infeasible.
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SECTION 4. The Planning Agency hereby determines that the required findings by the City for approval of Vesting Tentative Tract Map / Site Development Permit / Precise Plan / Conditional Use Permit / Parking Use Permit No. 0209-2025 have been met and made as follows:
Vesting Tentative Tract Map
1. The proposed map is consistent with the Laguna Hills General Plan.
The proposed map will subdivide an existing 18.5-acre site for the purpose of development of 480 new housing units. The Project site is located within the General Plan Mixed Use land use designation and has a zoning designation of Mixed Use District with Housing Overlay (“MXU/H”) The Mixed Use land use designation and MXU/H district identify high-density residential uses as appropriate for this site. Additionally, the site is designated in the General Plan Housing Element as an underutilized site that could accommodate a future housing development. The General Plan Land Use Element states that a lot designated with the Housing (H) Overlay Zone in the Laguna Hills Municipal Code may be developed at residential densities between 20 and 50 dwelling units per acre, with no FAR restrictions for residential development, regardless of the underlying land use designation. The proposed map subdivides the existing lot into four separate residential lots and four lettered lots to accommodate the Project. The proposed map furthers the intent of the Land Use and Housing Elements of the General Plan and the MXU/H district by facilitating a project that includes the development of a high-density, attached single family (for-sale) and multiple-family (for-rent), 480- unit housing project. Furthermore, the proposed Project would implement several General Plan goals and policies, including Goals LU-2, LU-3, LU-4, H-2, and H-3, and Policies LU1.4, LU-2.2, LU-3.3, LU-3.6, LU-4.1, LU-4.2, LU-4.6, and H-2.1.
2. The design and improvement of the proposed subdivision is consistent with the Laguna Hills General Plan.
The Project site is located within the General Plan Mixed Use land use designation and is designated in the General Plan Housing Element as an underutilized site that could accommodate a future housing development. The site has a zoning designation of Mixed Use District with Housing Overlay (“MXU/H”). The Mixed Use land use designation is implemented by the specific development standards and policies outlined in the MXU and H districts, and the General Plan Land Use Element states that a lot designated with the Housing (H) Overlay Zone in the Laguna Hills Municipal Code may be developed at residential densities between 20 and 50 dwelling units per acre, with no FAR restrictions for residential development, regardless of the underlying land use designation. The Project proposes a residential density of 25.9 dwelling units per acre, which is within the maximum allowable number of dwelling units per acre in the H Overlay district. The site currently includes seven existing office buildings and a surface parking lot which will be demolished. The MXU envisions high density residential uses and incorporates design and improvement standards to support those types of projects.
Additionally, as a designated site for high-density housing in the Housing Element, the design and improvement of the subdivision of land to accommodate the development of the housing is supported by the General Plan. The site is physically
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suitable for the proposed type of development in that it is of a reasonable shape, size, and topography to accommodate a residential subdivision.
The 18.5-acre site is currently developed with seven existing commercial office buildings and an associated surface parking lot on relatively flat topography. The site is surrounded by public roads and share property lines with other developed properties such as an office, retail center and church. The proposed subdivision creates new lots lot of substantial size, utilizable shape, and flat topography which would create a viable area for high density residential development. Therefore, the site physically suitable for the proposed type of development.
Furthermore, the proposed Project would implement several General Plan goals and policies, including Goals LU-2, LU-3, LU-4, H-2, and H-3, and Policies LU1.4, LU-2.2, LU-3.3, LU-3.6, LU-4.1, LU-4.2, LU-4.6, and H-2.1.
3. The requirements of the California Environmental Quality Act have been satisfied.
The AB 130 checklist submitted by the Applicant and peer-reviewed by the City's technical consultants demonstrates that the Project satisfies the requirements of AB 130's statutory CEQA exemption for infill housing developments (Public Resources Code Section 21080.66), including requirements regarding site size, density, general plan and zoning consistency, protected species, historic resources, contaminated property, and fire hazards. The Project site is currently mapped within a special flood hazard area by the Federal Emergency Management Agency (FEMA). A hydrology analysis prepared by the Applicant and peer-reviewed by the City, however, demonstrates that the site is not actually located in a special flood hazard area. Approval of the Project would be conditioned on the Applicant obtaining a Letter of Map Revision or Amendment from FEMA.
4. The site is physically suitable for the proposed density of development.
The project proposes a residential density of 25.9 dwelling units per acre, which is within the maximum allowable number of dwelling units per acre in the H Overlay district. The engineering and traffic analyses prepared for the Project demonstrate that the site is physically suitable for the proposed density of development and, as conditioned, the Project will not create adverse impacts on the site.
In addition, the increased water demand and sewer flows anticipated to generated by the Project were analyzed and it was determined that the Project will not have a significant impact on regional water supply capacity or regional wastewater treatment capacity and that no significant regional or local water or sewer impacts are anticipated.
5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.
The Project shall be constructed and operated in compliance with all applicable environmental laws and regulations, including but not limited to: the Migratory Bird
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Treaty Act (16 U.S.C. §§ 703–712) and California Fish and Game Code Sections 3503, 3503.5, and 3513 (protection of migratory birds and their nests); the California Endangered Species Act (Fish & Game Code §§ 2050 et seq.); Fish and Game Code Section 4150 (protection of nongame mammals, including bats); California Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.98 and 5097.99 (discovery and treatment of human remains); Penal Code Section 622.5 (protection of objects of archaeological or historical interest); South Coast Air Quality Management District Rules 403 (Fugitive Dust), 1113 (Architectural Coatings), and 1143 (Consumer Paint Thinners and Multi-Purpose Solvents); California Air Resources Board In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR §§ 2449 et seq.) and Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling (13 CCR § 2485); City of Laguna Hills Municipal Code Chapter 5-24 (Noise Control) and Chapter 6-16 (Noise Disturbances); and Senate Bill 1383 (Chapter 395, Statutes of 2016) and its implementing regulations (14 CCR, Division 7, Chapter 12), and CALGreen Code Section 5.408 (construction and demolition debris diversion). For these reasons, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.
6. The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems.
The subject property is not located on a site with potential hazardous waste per the State Department of Health Services, State Water Resources Board, and the California Waste Management Board. Nonetheless, per AB 130, any contamination discovered on the Property must be remediated per State law before any certificates of occupancy may be issued. Additionally, the Applicant prepared a Construction and Operational Health Risk Assessment (HRA) to evaluate the potential health risk impacts to sensitive receptors and adjacent workers during construction and operation of the Project. (HRA, Urban Crossroads, March 6, 2025, p. 1.) The HRA concluded that Project would not cause a significant human health or cancer risk. (HRA, p. 1.)
7. The design of the subdivision and the type of improvements proposed will not conflict with easements of record or established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public.
As conditioned, the proposed subdivision and associated improvements will not conflict with any public access easements of record or acquired by court judgment.
Utility easements not related to public access in conflict with the proposed project will be quitclaimed and new utility easements will be dedicated.
8. The design and improvement of the proposed subdivision is suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations.
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The site currently contains seven professional office buildings and a surface parking lot which is the site of the proposed residential structures. The site is large enough to accommodate the development per the MXU/H standards. Therefore, the design and improvement of the proposed subdivision is suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations of the MXU/H. The base density of the new residential development is consistent with the density permitted by the MXU/H, and with the exception of the waiver or reduction of development standards that would preclude development of the Project, as permitted by the H Overlay district zoning and the State Density Bonus Law, the Project meets all applicable Development Code requirements and Objective Design Standards.
9. The design of the subdivision, to the extent feasible, does have allowance for future passive or natural heating and cooling opportunities.
The Project would meet the applicable MXU/H standards and SDBL waivers, including setbacks, and meets the minimum open space area required for the new development of the residential development. This would accommodate landscaping that can be provided throughout the site with adequate setbacks, which would provide for natural/passive cooling opportunities.
Furthermore, the construction of the residential development shall be required to comply with the California Energy Commission’s adopted Building Energy Efficient Standards that require the inclusion of energy conservation features in residential development, and to incorporate energy-saving design solutions to reduce energy consumption by at least 10 percent below the California Energy Code (Title 24, Part 6 of the California Code of Regulations, California Energy Efficiency Standards for Residential and Non-Residential Buildings). The proposed design of the subdivision provides for future passive or natural heating or cooling opportunities, to the extent feasible.
10. The design, density, and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs.
The subdivision would include high-density residential development within the City’s Mixed Use General Plan Land Use Designation and the MXU/H zoning, both of which promote the development of high-density residential structures. The site is identified in the Housing Element as appropriate for the development of housing to help the City meet its regional housing need. The use of pedestrian paths and connections, and Code compliance on-site parking spaces, further promotes the stated need of efficient circulation throughout the Project site. The location of the site is within an area with access to existing public services and there is no evidence the proposed density will create undue burdens on existing public services. The proposed housing units address the housing needs of the region at an appropriate scale and in a suitable area to absorb more residential density.
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Site Development Permit
1. That the site design complies with standards of the development code.
The Project complies with all the development standards outlined for properties within the MXU/H districts, including density, lot area standards, building height, setback, landscape coverage, open space, and amenity standards of the MXU/H and Objective Design Standards (“ODS”). Under State Density Bonus Law (“SDBL”), the project qualifies for modifications of development standards that would have the effect of physically precluding the construction of the proposed density bonus units or the requested developer’s requested concession or incentive where there is no feasible method to satisfactorily mitigate the specific adverse impact.
2. That the site is suitable for the proposed development.
The site is currently improved with seven professional office buildings and a surface parking lot with landscaping. The site is generally flat and considered a corner lot with access to two public roadways, as well as access to nearby services and amenities. Additionally, the site was studied and determined to be an underutilized site that could accommodate a future housing development. The project was analyzed for impacts to the community, including but not limited to potential impacts involving health risks, noise, vibration, traffic and circulation, soils and geology, hydrology, and water quality. The site is surrounded by public roads and shares property lines with a commercial center to the south, church complex with a reservoir to the east, and an office building to the north. Across Mill Creek Drive to the west is an existing residential neighborhood with 2-story condominiums. The future residents can easily be served by the various retail and personal services in the immediate vicinity.
3. That the project is consistent with the general plan and applicable design guidelines.
The proposed project is within the Mixed Use General Plan land use designation area, which identifies the Project site as a "future study area" where intensification and redevelopment is expected to occur. Both the General Plan and MXU/H promote high-density residential uses. The General Plan 6th Cycle Housing Element (2021-2029) designates the property as an underutilized site for multiplefamily, high-density housing in the Housing Element. The Project implements the General Plan vision for the MXU/H by providing for the redevelopment of an 18.5- acre property with existing professional office buildings with surface parking by adding a new 480-unit housing development to the site. The proposed Project conforms to the MXU/H and ODS development standards, with the exception of qualified waivers under SDBL.
The proposed Project is consistent with and help implement the following goals of the General Plan Land Use and Housing Elements:
• Goal LU-2. Ensure development is compatible and interdependent with neighboring uses
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• Goal LU-3. Encourage infill development that involves the revitalization of property in an economically and environmentally sustainable manner. • Goal LU-4. Place a high priority on design, architecture, and landscaping that reflect the community’s identity and gracious lifestyle. • Goal H-2. Facilitate the development of a range of housing types, densities, and affordability levels to meet the diverse needs of the community for all economic levels and age groups and special needs groups, such as large families, female-headed households, the disabled, seniors, and the homeless. • Goal H-3: Ensure that adequate housing opportunities are available to all persons in Laguna Hills without discrimination in accordance with federal and state fair housing laws.
• Policy LU-1.4: Promote walkability throughout the community through enhanced pedestrian amenities, attractive streetscapes, plazas, and civic gathering areas.
• Policy LU-2.2: Improve connections with surrounding uses by enhancing landscaping, providing pedestrian connections, incorporating green areas, and planting street trees.
• Policy LU-3.3: Ensure safe, efficient pedestrian connections are made between adjacent neighborhoods, sidewalks, parking areas, and entrances to stores. • Policy LU-3.6: Promote the design and placement of buildings to provide opportunities for solar and wind energy and passive cooling. • Policy LU-3.10: Create safe, inviting, and functional pedestrian and cyclist environments in new public and private development.
• Policy LU-3.11: Provide incentives for development that enhance the environment, offer excellent urban design, and provide public amenities. • Policy LU-4.1: Create distinctive gateway architecture, landscaping, and signs at major entries to the community and in community activity centers. • Policy LU-4.2: Create street frontages with architectural and landscape interest to provide visual appeal to the street and enhance the pedestrian experience in new development and redevelopment.
• Policy LU-4.6: Ensure site design respects natural topography and takes advantage of views of scenic resources such as natural open spaces, creeks, and the hillsides.
• Policy H-2.1: Provide opportunities for higher density residential development, mixed use residential/commercial development, and transit-oriented development in appropriate areas of the City.
4. That the site design and structural components are appropriate for the site and function of the proposed uses.
The site is designed for high-density residential and partially underground structured parking for residents with appropriate vehicular access and circulation
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and enhanced pedestrian access and circulation in and around the Project site.
The design of the residential buildings is intended to be consistent with the Spanish Style architectural elements in the ODS standards. Proposed Spanish Style building materials include wrought iron railings, recessed entrances, multi-pane windows, dark brown wood elements, clay tile vents, arched entryways, recessed niches, decorative tiles, fabric awnings, gutters, exposed beams, shutters, contrasting earthtone colors, and red clay tile. The massing is managed by varying the facades by utilizing balconies, contrasting colors, roof height/pitch variation, and materials. All mechanical equipment will be ground-mounted behind each attached single family building and not within public view. In addition, the proposed project complies to the ODS’s design guidelines for residential development, including roofs that incorporate pitches, ridges, ridgelines and materials that are common to the area; overhangs and insets of fenestration that is consistent with its architectural style; entryways that directly access to the street, either individually or for the entire building; entryways that are architecturally enhanced to complement the structure; and building massing that respects the surrounding structures and step down at the corners.
Precise Plan
1. That the plan and the uses proposed are consistent with the general plan.
The Mixed Use land use designation was envisioned to facilitate high-density residential development. Consistent with the Land Use Element Goals listed above, the Precise Plan promotes walkability throughout the community, incorporates green areas and the planting of street trees, provides for opportunities for solar energy and passive cooling, provides public amenities, creates distinctive gateway architecture, landscaping, and signs at major entries, creates street frontages with architectural and landscape interest, and ensures site design respects natural topography. Lastly, the site is designated in the General Plan Housing Element as an underutilized site that could accommodate a future housing development.
2. That the proposed plan is consistent with adopted development standards for the area in which proposed.
The proposed plan is consistent with all lot area standards, building height, setback, landscape coverage, open space, and amenities standards of the MXU/H and ODS, with the exception of the modifications to the development standards permitted under SDBL. In addition, the proposed plan is consistent with all objective design standards within the ODS related to residential development including pedestrian paths and linkages, screening of all utility and mechanical equipment, adequate private and common open space areas, minimizing the visual impact of parking, safe and well-lighted areas, variations in building façade and roof planes, and building stepbacks.
3. That the plan promotes community image and enhances compatibility of uses in the plan area.
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The plan is consistent with the design and landscaping standards of the MXU/H district, with the exception of several SDBL waivers, and promotes pedestrian circulation in and around the Project site. The new housing development will enhance the community character and will serve to meet housing demands in the area. Landscaping used in strategic places will help define the character of the property. Taken collectively, the architectural and landscape design features of the Project promote community image and enhance compatibility of uses in the plan area as envisioned in the MXU/H and ODS.
4. That the plan will reduce undesirable environmental consequences while improving economic needs of the area and community.
The Project is an infill housing development that enhances community character and promotes a more walkable environment within its portion of the MXU/H. The Project implements General Plan and MXU/H policies for the area and will reduce undesirable environmental consequences by removing an existing asphalt parking lot, thereby reducing runoff and associated heat-island effects of asphalt parking lots and replacing it with residential units of various sizes. Additionally, a substantial amount of landscaping will be provided within private and common areas. The proposed residential development provides more housing options for residents in an area that contains a variety of services, such as employment centers, shopping centers, and offices, within walking distance. Lastly, all new development will be required to comply with updated building codes and standards that will improve energy and water use efficiency.
5. That the plan is sufficiently detailed to ensure design values and controls needed to achieve a balance and integration of uses.
The site plan and associated architectural plans provide sufficient detail of the site design in terms of pedestrian and vehicular access in and around the Project site.
Lot 1 is designed as an independent parcel that does not share access with Lots 2, 3, and 4. Lots 2 and 3 share parking and access for the single family attached units on both parcels. Lot 4 will not share access with the other three parcels.
However, the driveways, private streets, and gates are all designed to allow efficient circulation throughout the entire Project site. The plans also provide sufficient detail on materials proposed for the new residential buildings, as well as the landscaping, to integrate the uses into the MXU/H district area.
Conditional Use Permit
1. That the proposed use is consistent with the general plan; The Project site is located within the General Plan Mixed Use land use designation.
The Mixed Use land use designation identifies high-density residential uses as appropriate for this site. Additionally, the site is designated in the General Plan Housing Element as an underutilized site that could accommodate a future housing development. The proposed project furthers the intent of the Land Use and Housing Elements of the General Plan by facilitating a project that includes the development of a high-density, multiple-family, 221-unit housing project, including 24 affordable units for very low-income households on Lot 4.
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2. That the nature, condition and development of adjacent uses, buildings and structures have been considered and the proposed conditional use will not adversely effect or be materially detrimental to the adjacent uses, buildings, or structures;
The site is currently improved with a seven professional office buildings and a surface parking lot with landscaping. The site is generally flat and considered a corner lot with adjacent access to two public roadways, and access to nearby services and amenities. The project was analyzed for impacts to the community, including but not limited to potential impacts to health risks, noise, traffic and circulation, soils and geology, hydrology, and water quality. The site is surrounded by public roads and shares property lines with a commercial center to the south, church complex with a reservoir to the east, and an office building to the north.
Across Mill Creek Drive to the west is an existing residential neighborhood with 2- story condominiums. The multi-family development on Lot 4 has been designed to minimize grading, provide access points along public streets and not through adjacent private properties, provide sufficient landscaping buffers around the perimeter of the Project site, and provide Code compliant on-site parking to minimize any potential impacts on adjacent properties.
3. That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity; The Mixed Use land use designation is implemented by the specific development standards and policies outlined in the MXU/H and ODS. The site currently includes seven existing office buildings and a surface parking lot which will be demolished.
The MXU/H envisions high density residential uses and incorporates design and improvement standards to support those types of projects. Additionally, as a designated site for high-density housing in the Housing Element, the design and improvement of the subdivision of land to accommodate the development of the housing is supported by the General Plan. Lastly, the density, architecture, access points to public streets, on-site pedestrian and vehicular circulation, and parking has been designed to be compatible with existing and planned uses in the vicinity.
4. That all required development standards prescribed by this code can be achieved; Section 9-10.050 of the Laguna Hills Municipal Code (“LHMC”) requires a conditional use permit for multi-family developments in the MXU/H zoning district.
The proposed plan is consistent with all lot area standards, building height, setback, landscape coverage, open space, and amenities standards of the MXU/H, with the exception of the modifications to the development standards permitted under SDBL. In addition, the proposed plan is consistent with all objective design standards within the ODS related to single family attached and multi-family residential development including pedestrian paths and linkages, screening all utility and mechanical equipment, adequate private and common open space areas, minimal visual impact of parking, safe and well-lighted areas, variations in building façade and roof planes, and building stepbacks.
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5. That the conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.
The Project is an infill housing project that enhances community character and complements surrounding land uses in the vicinity. The Plan implements General Plan and MXU/H policies for the area and will reduce undesirable environmental consequences by removing an existing asphalt parking lot, thereby reducing runoff and associated heat-island effects of asphalt parking lots and replacing it with residential units of various sizes. The project was analyzed for impacts to the community, including but not limited to potential impacts to parking, air quality, noise, traffic and circulation, soils and geology, grading, and hydrology. The conditions of approval listed below will ensure compatibility, and minimize any potential impacts on adjacent uses.
Parking Use Permit
Pursuant to Laguna Hills Municipal Code Section No. 9-44.110, parking structures, including underground or subterranean structures, shall require a Parking Use Permit and shall be designed to meet the following guidelines in addition to standards contained in this chapter:
A. Minimum Access Width. Any driveway providing access to a parking structure shall have a minimum width of twenty-eight (28) feet. If a toll or fee booth is located in the driveway area, the driveways on either side of the booth shall have a minimum width of fourteen (14) feet. A sidewalk with a minimum width of six feet shall be provided to link the structure to the public walkway.
B. Integral Design. Parking structures should be designed as an integral component of the coordinated site plan and architectural theme.
C. Interior Treatment. The interior treatment of a parking structure shall be of a light color. The treatment shall include a coordinated interior sign program designed to identify parking levels and locate stairwells, elevators, phones, exits, and other interior features.
D. Ramp Transitions. All ramps shall be provided with transition zones at the top and bottom of the ramp. Ramps with a grade of ten percent or less shall have a transition zone at least eight feet in length. Ramps with a grade of greater than ten percent shall have transition zones at least twelve (12) feet in length. The grade of a transition zone shall not exceed one-half the grade of the ramp it serves.
E. Elevators. Parking structures of two stories or more shall incorporate at least one passenger elevator meeting handicap standards. Additional elevators are required for a multi-level structure accommodating two hundred fifty (250) or more parking stalls subject to approval by the Community Development Director.
F. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors maintained in a position and condition to provide adequate sight distance.
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SECTION 5. Pursuant to California Government Code Section 65863, the Planning Agency finds that, although the proposed project will result in fewer lower income units than were assumed for the Project site in the Housing Element, and that the remaining sites identified in the Housing Element will not be adequate to accommodate the City's share of the regional housing need for lower income households pursuant to Section 65584, the City is precluded by State law from disapproving the proposed Project on this basis and must identify and make available additional adequate sites to accommodate the City’s share of the regional housing need for lower income households within 180 days. This finding is based on the following:
1. The Project site includes three properties that were identified in the City’s certified Housing Element as having a realistic capacity to accommodate 689 lower income units. The proposed project includes 456 above moderate-income units and 24 lower (very low) income units. As a result, the proposed project provides fewer lower income units than projected for the Project site in the Housing Element.
2. At the time the Housing Element was prepared and adopted, the City’s RHNA was calculated to be 1,985 units, consisting of 921 lower-income units, 354 moderateincome units, and 710 above moderate-income units. The sites identified in the certified Housing Element and anticipated ADUs were determined adequate to accommodate a total of 3,061 units, including 619 more units than the City’s unmet RHNA in the lower income category, 51 more units than the City’s unmet RHNA for the moderate-income category, and 406 more units than the City’s unmet RHNA for the above-moderate income category. Overall, the sites identified in the adopted Housing Element and anticipated ADUs reflected a total capacity surplus of 1,076 units.
3. Since the beginning of the 6th RHNA cycle, the City has approved or permitted 20 lower-income housing units, 446 above moderate-income housing units, 11 lower income ADUs, and 16 above-moderate income ADUs. Prior to approval of the proposed Project, the remaining sites identified in the City’s Housing Element were adequate to accommodate the City’s RHNA in all income categories, including a capacity surplus of 402 lower income housing units.
4. After accounting for permitted and entitled units since the beginning of the 6th RHNA cycle, and the 456 above-moderate income and 24 very low income housing units in the proposed Project, the remaining sites identified in the City’s Housing Element will continue to be adequate to accommodate the City’s RHNA in the moderate and above-moderate income categories, however, the City will have a deficit of 261 lower income units. Due to this anticipated deficit, the City will no longer have an adequate inventory of sites available to accommodate its remaining RHNA obligation for lower income households during the current Housing Element planning period.
5. Government Code section 65863(c)(2) applies and states: “If the approval of a development project results in fewer units by income category than identified in the jurisdiction’s housing element for that parcel and the jurisdiction does not find that the remaining sites in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need by income level, the jurisdiction shall within 180 days identify and make available additional adequate sites to
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accommodate the jurisdiction’s share of the regional housing need by income level.
Nothing in this section shall authorize a city, county, or city and county to disapprove a housing development project on the basis that approval of the housing project would require compliance with this paragraph.”
6. Therefore, the City will need to take additional action to meet the requirements of Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Section 65584.
7. To comply with Government Code Section 65863 (No Net Loss Law), the City will identify alternative sites to replace the loss of units described above within 180 days of project approval.
SECTION 6. In addition to the foregoing, the facts and findings set forth in the staff report made a part of the record of the public hearing are hereby incorporated herein by this reference.
SECTION 7. Based upon the above findings, the Planning Agency of the City of Laguna Hills does hereby approve VTTM/SDP/PP/CUP/PUP No. 0209-2025, subject to the following conditions:
GENERAL
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, John Stack, on behalf of Kingsbarn Capital and Development, LLC, the owner(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 VTTM/SDP/PP/CUP/PUP No. 0209-2025 approved pursuant to this Resolution. Failure to abide by and faithfully comply with all conditions of approval shall constitute grounds for revocation and/or termination of the Vesting Tentative Parcel Map, Site Development Permit, Precise Plan, Conditional Use Permit and Parking Use Permit approved in conjunction with the Project, as applicable.
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 February 24, 2026, 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 subdivision of and improvements to be constructed on the Applicant’s property, consisting of an approximately 18.5- acre parcel located at 23272, 23282, 23332, 24411, and 23422 Millcreek Drive and 24461 and 24411 Ridge Route (APN 588-161-06, 588-161-07 588-161-08 588-161-09 588-161-10, 588-161-11, 588-161-12, and 588-161-
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13) (the “Subject Property) 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 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 VTTM/SDP/PP/CUP/PUP No. 0209-2025, unless the Community Development Director (“Director”) determines the proposed change is immaterial and 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 that the Applicant shall promptly reimburse the City for all costs and expenses directly and necessarily incurred by the City in the course of the defense, including reasonable attorneys' fees. The City shall promptly notify the Applicant of any Claims and Actions brought against the Indemnitees and shall cooperate in the defense of any such Claims and Actions. If the Applicant fails to so defend the Claims and Actions, the City shall have the right but not the obligation to do so and, if it does, the Applicant shall promptly pay the City's full cost thereof.
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6. Except as otherwise mandated by State law, 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 on the date the application was deemed complete pursuant to subdivision (h)(5) of Government Code section 65589.5.
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. Failure to abide by and faithfully comply with any and all Conditions of Approval shall constitute grounds for revocation of this Permit by the Laguna Hills Planning Agency.
8. The Applicant shall agree in writing to these conditions of approval within 30 days of the Planning Agency’s approval.
9. The conditions of Project approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these conditions constitute written notice of the amount of such fees. 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:
a. Park In-Lieu Fee of $15,636 per unit for each of the 259 units proposed for Lots 1, 2, and 3 pursuant to LHMC Chapter 8-06 and City Council Resolution No. 2018-11-13-3
b. Citywide Park Fee of $15,636.00 per unit for each of the 221 apartment units within the multi-family building proposed on Lot 4 pursuant to LHMC Chapter 8.07 and City Council Resolution No. 2018-11-13-3.
10. 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 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.
11. 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
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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.
12. 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.
13. A final Tract Map shall be recorded within two (2) years of February 24, 2026 that is in substantial conformance with the Vesting Tentative Tract Map, unless the Applicant has filed a request for extension consistent with the provisions of City requirements and the California Subdivision Map Act.
14. The Applicant shall prepare a final Tract Map in conformance with the State’s Subdivision Map Act, the County’s map processing manual, the City’s municipal code, and as determined and approved by the City Engineer, which may require the posting of security instruments guaranteeing the construction of future improvements. The Applicant shall submit the final Tract Map for plan check to both the City Engineer and County Surveyor and pay all applicable plan check fees to both agencies. The Applicant shall submit a current title report, supporting documents, and traverse closure calculations for plan check. Following recordation of the final Tract Map, the Applicant shall provide the City with a duplicate Mylar of the recorded document.
15. After the final Tract Map has been recorded by the County Clerk’s Office, the Applicant shall provide the City with a duplicate mylar and scanned TIFF files of all maps.
16. Prior to the commencement of map checking, a deposit shall be posted for map check fees. Map check fees will be based on time and materials to be invoiced at the completion of the map check process. All map check fees shall be paid in full before the map will be sent to City Council for approval.
17. Prior to the issuance of Certificate of Use and Occupancy, all survey monumentation shall be placed by a California Licensed Land Surveyor as required by and shown on the map.
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18. Prior to recordation of the Final Tract Map for the Project site: (i) the proposed parcel divisions of the Final Tract Map shall be in substantial compliance with the approved tentative map; and (ii) the existing parcel conditions of the Final Tract Map shall reflect a lot line adjustment consolidating and adjusting existing parcel lines on the 23330 Mill Creek Drive office building site, as reviewed and approved by the Community Development Director and City Engineer, and as recorded at the Orange County Recorder’s office.
PLANNING DIVISION
19. 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.
20. No permanent overhead utilities shall be installed.
21. 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.
22. 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, 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.
23. 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, 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. 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.
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24. Outdoor security and other lighting shall be designed and maintained so as not to illuminate beyond the Subject Property. 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.
25. 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 and the Mixed Use District.
Signage within the parking structure shall be included as part of the Master Sign Program for the property.
26. 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, and the Mixed Use District. The Applicant shall not use or display any prohibited signs listed in LHMC Section 9-
42.260.
27. 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). 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.
28. Prior to issuance of a building permit, the 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.
29. One or more sets of Covenants, Conditions and Restrictions (CC&Rs) collectively covering the entire Subject Property shall be submitted to the Community Development Director and City Attorney for review and approval prior to the recordation of the final map, the cost of which shall be borne by
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the Applicant. Prior to the acceptance of the CC&Rs for review, the applicant shall submit a deposit in the amount as determined by the Community Development Director to cover the cost of said review. The Community Development Director may require replenishment of the deposit fund should the cost of reviewing the CC&Rs exceed the amount deposited. The CC&Rs shall be consistent with the Project approval, shall be enforceable by the City at its sole discretion, shall run with the land, shall bind all current and future owners and tenants of all or portions of the site, shall provide that a violation of the terms of the CC&Rs constitutes a violation of these conditions of approval, and shall not be modified or terminated without prior written approval from the City. The CC&Rs shall, at a minimum, include the following provisions:
a. Detailed provisions pertaining to responsibilities for operating, funding, and maintaining of all commonly owned areas, landscaping, utilities, parking areas, streets, lighting, and all other structures. b. Attach, incorporate, and require compliance with the Conditions of Approval by the individual property owners.
c. Detailed provisions pertaining to responsibilities for operating, funding, and maintaining the water quality BMPs required per the WQMP and implementation of the approved O&M Plan.
d. Permit and provided enforceable provisions regarding the sharing of parking between the residential uses on Lots 2 and 3.
e. Include enforceable parking requirements consistent with any applicable City Code provisions (like parking of recreational vehicles, etc.). f. Limit placement of trash bins in front of the single-family attached residences to pick-up days only.
g. Prohibit short term rentals, time shares, and fractional ownership of units. h. Allow the City, at the City’s sole discretion, to enforce provisions of the CC&Rs, conditions of approval, and all City codes against individual property owners and the HOA(s).
i. Require City approval for any amendments or termination of the CC&Rs. j. The CC&Rs shall specify, without limitation, that the park Lot D will be held open and accessible for the residents of each of Lots 1, 2, 3, and 4, and that the pool/clubhouse and Lot C will be open to and accessible to the residents of each of Lots 2 and 3, as proposed by the Applicant.
AFFORDABLE HOUSING OBLIGATIONS
30. At Applicant’s request, Applicant has been granted reduced parking ratios, an incentive/concession and multiple waivers or modifications of applicable development standards pursuant to the State Density Bonus Law (Government Code section 65915). To comply with the provisions of Government Code section 65915, Applicant has offered to, and shall limit, at
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least twenty four (24), or five percent (5%), of the apartment units in the multifamily building constructed on Lot 4 of the Project site 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.
31. To ensure that the affordable units Applicant is required to develop pursuant to the State Density Bonus Law are constructed, Applicant has expressly offered and agrees to the following:
a. Concurrent with recordation of the final map, Applicant shall record a covenant or other deed restriction on Lot 4 in a form approved by the City Manager and City Attorney, intended to expressly benefit the City, which requires that any development on Lot 4 include the development of a minimum of 24 units affordable to very low income households. This deed restriction shall provide that it may not be amended, terminated, or removed without the express written consent of the City. b. Prior to issuance of a Certificate of Use and Occupancy for the 259th (or last) residential unit proposed for Lots 1, 2, and 3, inclusive, the Applicant shall obtain a building permit and commence construction on Lot 4. For purposes of this Condition, “commence construction” shall mean passed first inspection for work pursuant to a duly issued building permit. c. As security for Applicant’s compliance with its obligation to develop the affordable units, prior to approval of the final map for any part of the Project, Applicant agrees to provide the City with a deposit, letter of credit, or other form of security in a form, and from a financial institution, acceptable to the City Manager, which provides for the City to receive a payment of Five Hundred Thousand Dollars ($500,000) to offset anticipated costs and damages City will incur in the event Applicant fails to commence construction of the multifamily building on Lot 4 within the time set forth in (b), above, or thereafter allows the building permit(s) issued by the City to expire and ceases construction prior to the issuance of a Certificate of Use and Occupancy for the building. City shall release said security upon issuance of a final Certificate of Use and Occupancy for the multifamily building on Lot 4, and Applicant shall be entitled to return of all funds deposited in furtherance of said security and any interest that has accrued thereon. Applicant further agrees to periodically renew said instrument as needed to ensure its obligation to commence and complete construction of the affordable units as provided herein remains secured until completion of the multifamily building.
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32. In order to enable the City to adequately enforce the continued affordability of all affordable rental units, prior to recordation of the final map, 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. 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 and management plan required as part of the regulatory agreement. [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. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, very low income households at an affordable rent for a minimum of 55 years from issuance of a certificate of occupancy. t
b. To the extent practicable, the size and bedroom count of the affordable units shall at all times be proportional to the size and bedroom count mix of all units in the multi-family building, provided, however, that the property owner may substitute a larger unit for a smaller unit. c. Location requirements for the affordable units shall be set forth in the regulatory agreement. The affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units throughout the multi-family building, and the project shall comply with the requirements set forth in Health and Safety Code Section 17929. The affordable units shall be “floating” units that are not permanently designated and shall, at all times, be distributed throughout the multifamily building and not congregated within a certain area of the building, 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 in the multi-family building shall be constructed concurrently with the market rate units in the multi-family building. 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 in the multi-family building. Finishes and features shall be durable, of good quality, and consistent with contemporary standards for new housing.
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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 of lot 4 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 of Lot 4 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 apartment complexes within Orange County.
i. The owner of Lot 4 shall be required to maintain tenant leases, income certifications, and other books, documents, and records related to the 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 shall require the owner of Lot 4 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
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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 record keeping 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 of Lot 4 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 of Lot 4, 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 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.
BUILDING DIVISION
33. The Applicant shall be responsible for ensuring all applicable building permits are obtained for any activity requiring a permit. Construction shall comply with the 2025 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.
Resolution No. PA2026-02-24-X
34. 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.
35. The Applicant shall comply with all general construction water quality requirements, as required by the LHMC 5-36.
36. 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.
37. 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.
38. 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.
39. 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).
40. 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)
41. The applicant must formally submit the following plans to OCFA and gain OCFA approval before City grading and building permits issuance; Prior to issuance of a building permit:
• fire master plan (service code PR145)
• architectural plans (service codes PR200-272), the building must comply with CBC sections 506 and 510 requirements for construction type and number of stories.
• photovoltaic plans (service request PR363) if appliable • fire sprinkler system (service codes PR410-425)
• underground piping (service codes PR470-475)
• fire sprinkler system (service codes PR400-425)
• Chemical Classification (service codes PR315-322) if applicable