CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: July 19, 2022
SUBJECT: Second reading and adoption of Ordinance Nos. 2022-216 and 2022-217.
Ordinance No. 2022-216 creates a new "Mixed-Use Town Center" (MU-TC) District for the Laguna Niguel City Center Mixed-Use Project. Ordinance Vos. 2022-217 changes the zoning on the proiect site from "Communit Commercial" (CC) and "Public/Institutional (PI)" to MU-TC District, excluding OCFA Fire Station No. 5 (to remain PI).
RECOMMENDATION
Staff recommends that the City Council:
1. Conduct second reading, by title only, and adopt Ordinance No. 2022-216:
ORDINANCE NO. 2022-216
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONING CODE AMENDMENT ZCA 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
2. Conduct second reading, by title only, and adopt Ordinance No. 2022-217:
ORDINANCE NO. 2022-217
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE ZC 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
BACKGROUND & ANALYSIS
On June 21, 2022, as part of a duly held public hearing, the City Council approved a series of discretionary applications allowing the development of the Laguna Niguel City Center Mixed-Use Project. The project includes approximately 158,600 square feet of commercial space (e.g., retail shops, restaurants, office space), a new community library (approximately 16,300 square feet), 275 residential apartment homes, parking structures, and extensive walkable open spaces, paseos, and plazas. The project site is approximately 25 acres in area and is located adjacent to City Hall, directly west of the Crown Valley Parkway and Alicia Parkway intersection. As a part of the hearing, the City Council conducted the first reading, by title only, of Ordinance Nos. 2022-216 and 2022- 217 (Attachments A and B, respectively). Ordinance No. 2022-216 (Zoning Code Amendment ZCA 19-01) creates a mixed-use zone for the Laguna Niguel City Center Mixed-Use Project, including the establishment of the mix of permissible land uses and development standards for the new "Mixed-Use Town Center" (MU-TC) District.
Ordinance No. 2022-217 (Zone Change ZC 19-01) changes the zoning on the project site from "Community Commercial" (CC) and "Public/Institutional (PI)" to MU-TC District, excluding OCFA Fire Station No. 5 (to remain PI).
At the meeting, the City Council unanimously approved the content of both proposed ordinances and directed that the ordinances be placed on the July 19, 2022 City Council agenda for second reading and adoption.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt the proposed ordinances and the existing Laguna Niguel Zoning Code provisions would remain unchanged, which would preclude the development of the Laguna Niguel City Center Mixed-Use Project. The City Council may also decide to direct City staff to return with a revised ordinance (or ordinances) to be presented at a future City Council meeting
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Accompanying the discretionary applications approving the Laguna Niguel City Center Mixed-Use Project, on June 21, 2022, the City Council certified Environmental Impact Report EIR 22-01 (SCH No. 2019110083), which was prepared and completed for the project pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Manual.
FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance Nos. 2022-216 or 2022- 217.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Ordinance Nos. 2022-216 and 2022-217 as to form and content.
CONCLUSION
Staff recommends that the City Council conduct second reading, by title only, and adopt the following Ordinances by title:
1. Conduct second reading, by title only, and adopt Ordinance No. 2022-216:
ORDINANCE NO. 2022-216
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONING CODE AMENDMENT ZCA 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
2. Conduct second reading, by title only, and adopt Ordinance No. 2022-217:
ORDINANCE NO. 2022-217
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE ZC 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
Jamara Setowneau
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
still
Jonathan Orduna John Morgan
Community Development Director Development Services Manager Attachments:
A. Ordinance No. 2022-216 (ZCA 19-01)
B. Ordinance No. 2022-217 (ZC 19-01)
Exhibit
1. Proposed Changes to the Official Zoning Map
Attachment A
Ordinance No. 2022-216 (ZCA 19-01)
ORDINANCE NO. 2022-216
ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 19-01
(CITY CENTER MIXED-USE PROJECT)
The City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. FININGS
The City Council makes the following findings in connection with the adoption of this Ordinance.
The APPLICANT: Laguna Niguel Town Center Partners, LLC, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660, in conjunction with a request to develop a new mixed use project consisting of approximately 158,600 square feet of commercial space (e.g., retail shops, restaurants, office space), a new community library (approximately 16,300 square feet), 275 residential apartment homes, and extensive walkable open spaces, paseos, and plazas, requests adoption of Zoning Code Amendment ZCA 19-01 to establish the mix of permissible land uses and development standards for the new "Mixed-Use Town Center" (MU-TC) Zoning District to be applied to the project site under Zone Change ZC 19-01. The project site is approximately 25 acres in area and is located adjacent to City Hall, directly west of Crown Valley Parkway and Alicia Parkway intersection.
2. Zoning Code Amendment ZCA 19-01 will establish the mix of permissible land uses and development standards for the new "Mixed-Use Town Center" (MU-TC) Zoning District.
3. On May 24, 2022, the Planning Commission of the City of Laguna Niguel held a duly noticed public hearing on Zoning Code Amendment ZCA 19-01 to amend the Laguna Niguel Zoning Code (Laguna Niguel Municipal Code Title 9) in the manner described above and considered all evidence presented by City staff and other interested parties and made a recommendation to the City Council to approve Zoning Code Amendment ZCA 19-01. The Planning Commission is an advisory body to the City Council with regard to the approval of Zoning Code Amendments.
4. A notice of public hearing describing the project and this Zoning Code Amendment, and the date, time, and location of the hearing was advertised in the Orange County Register at least 10 days prior to the City Council hearing date. Hearing notices were also mailed to property owners within 300 feet of the project boundaries. Over 500 hearing notices were also either emailed or mailed to those on the City's project interest list. Additionally, a notice was also posted at City Hall and was made available on the City's website.
Ordinance No. 2022-216 Page 2
ZCA 19-01 (City Center Mixed Use Project)
5. On June 21, 2022, the City Council held a duly noticed public hearing on Zoning Code Amendment ZCA 19-01 to amend the Laguna Niguel Zoning Code (Laguna Niguel Municipal Code Title 9) and considered all evidence presented by City staff and other interested parties regarding the amendment.
6. Environmental Impact Report EIR 22-01 (SCH No. 2019110083) was prepared and completed for the project pursuant to CEQA, the CEQA Guidelines, and the City's CEQA Manual. The City Council has reviewed and considered the information contained in Environmental Impact Report EIR 22-01, including Appendices and Response to Comments; and received comments provided at the noticed public hearing; and pursuant to Resolution No. 2022-1396 has certified Environmental Impact Report EIR 22-01, adopted a Mitigation Monitoring and Reporting Program, and adopted Findings of Fact and Statement of Overriding Considerations, prior to adopting Zoning Code Amendment ZCA 19-01.
7. Based on all of the evidence in the administrative record, the City Council hereby makes the following findings in support of Zoning Code Amendment ZCA 19-01:
1) Zoning Code Amendment ZCA 19-01 is consistent with the goals, objectives, and policies of the Laguna Niguel General Plan, as amended by General Plan Amendment GPA 19-01. The evidence for this finding is found in Chapter 5.10 of the EIR, including the General Plan consistency analysis found in Table 5.10-2.
2) Zoning Code Amendment ZCA 19-01 will not adversely affect the public health, safety, and general welfare. As noted above, the EIR has determined that all environmental effects, with the exception of greenhouse gas emissions, can be mitigated to a less than significant level. While greenhouse gas emissions cannot be mitigated to a less than significant level, that impact is evaluated on a regional level and all feasible mitigation has been imposed on the project to reduce the impact.
The City Council's adoption of Zoning Code Amendment ZCA 19-01 by this Ordinance is based on all available evidence in the record, including the evidence and findings of the Planning Commission and the evidence presented at the hearings held thereon by the Planning Commission and City Council.
Ordinance No. 2022-216 Page 3
ZCA 19-01 (City Center Mixed Use Project)
SECTION 2. Section 9-1-42 (Permitted Uses) of Subarticle 4 (Nonresidential Districts) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read as follows:
Sec. 9-1-42. Permitted Uses.
(a) Development Permits Required. Table 4.1 in this Section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in Subarticle
11. (b) Uses Not Listed in Table. Land uses which are not listed in Table 4.1 are not permitted unless the Community Development Director or the Planning Commission determines that such use is consistent with one of the permitted use categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9-1-23. (c) Table of Permitted Uses. Table 4.1, "Permitted Nonresidential and Mixed Uses" following, specifies those uses and structures which are permitted within each nonresidential district. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with Section 9-1-23. All uses listed shall be conducted within a completely enclosed building unless specifically provided otherwise in this Subarticle.
The letters in the columns beneath the district designations mean the following:
(1) "p" The use is permitted as a principal use within the district. (2) "A" The use is permitted only if accessory to the principal use on the site. (3) "U" The use is permitted as a principal or accessory use if a use permit is approved. (4) "M" The use is permitted as a principal or accessory use if a minor use permit is approved. (5) "T" The use is permitted on a temporary basis if a temporary use permit is approved. (6) "X" The use is prohibited in the district.
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
P = Permitted Use T= Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC CO BP PI MU-TC
X = Prohibited Use Neigh- Com- Business Public- Mixed-Use borhood munit Office Insti- Town Center
Park tutional
Cmrcl. Cmrcl Cmrcl.
LAND USE
RETAIL USES
P P U X P
Retail stores!, under 30,000 sq/ft floor area
U P U X P
Retail stores', 30,000-60,000 sq/ft floor area
U U U
Retail stores', over 60,000 sq/ft floor area
Ordinance No. 2022-216 Page 4
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
Such as supermarkets, warehouse stores, discount stores, stores selling apparel, furniture, appliances, hardware, building materials (except lumber yards), and similar stores selling merchandise to the general public.
U P X P
Convenience stores open less than 18 hours/day
U U U
Convenience stores open 18 or more hours/day
2 Defined as retail stores under 10,000 sq/ft selling primarily food, beer, wine, and beverage items for off-site consumption, but not distilled spirits.
U U X U
Liquor stores 3 -- with no consumption of alcohol on the premises Defined as retail stores selling primarily beer, wine, distilled spirits, and other beverages, plus some food items, all for off-site consumption only.
Plant nurseries and garden supply stores, subject to § 9-1-45.11 P X X X P (Permanent Outdoor Display and Storage)
P P X P X P
Showroom - catalog stores, without substantial onsite inventory Outdoor vending stands (such as flower stands, hotdog stands, etc.) U U U M as a principal use, subject to § 9-1-45.10 (Outdoor Vendors)
GENERAL SERVICES
M M M M M
Barber shops, beauty, nail and tanning salons and similar uses Miscellaneous services such as travel services, photo developing, P P P P X P rental stores, shoe repair, appliance repair, and similar uses
P P P P P
Laundromats and dry cleaners -- except central cleaning plants
M P P P P
Printing, blueprinting and copy services
M M X M M
Pet grooming -- without overnight boarding
M M M M X M
Telecommuting centers
M M M M X M
Tutorial services and learning centers
P= Permitted Use T = Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC CO BP PI MU-TC
X = Prohibited Use Neigh- Com- Public-
Office Business Mixed-Use
borhood munity Park Insti- Town Center
Cmrcl. Crel. Cmrel. tutional
LAND USE
OFFICE USES AND HEALTH SERVICES
Ordinance No. 2022-216 Page 5
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
P P P P P
Banks
P P P P P
General and professional offices
P P P P P
Employment agencies
Medical and other practitioner offices 4, clinics, and surgicenters P P P U P under 5000 sq/ft aggregate floor area in one building
Medical and other practitioner offices clinics, and surgicenters U M M U X M 5000 sq/ft or more aggregate floor area in one building " Offices for physicians, dentists, optometrists, chiropractors, physical therapists, and similar professionals.
U U U
Hospitals and convalescent hospitals
M M M M X M
Veterinary clinics/animal hospitals, without pet boarding
U U U U
Veterinary clinics/animal hospitals, with pet boarding (indoor only)
DINING, DRINKING, AND ENTERTAINMENT USES
P P P P P
Restaurants without the sale of alcohol*
M M M M X M
Restaurants or Retail Food with the sale of alcohol
U U U X
Restaurants, Drive-thru
P P P P X P
Retail Food*
U U U U U
Bars, taverns, and cocktail lounges
U U U
Dancing or live entertainment as a principal use
M M M M M
Dancing or live entertainment as an accessory use
U U
Theaters, live or motion picture
*Operations outside the hours of 5:00 am to 10:00 pm shall require a minor use permit to ensure there are no adverse negative impacts to the surrounding area.
RECREATION USES
U X U
Bowling alleys and pool or billiard halls as a principal use
A A A A A A
Pool or billiard tables as an accessory use (three tables or less) Ordinance No. 2022-216 Page 6
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
U U
Game machine arcades as a principal use
A A A A A A
Game machines as an accessory use (three machines or less) M M M
Game machines as an accessory use (four machines or more) P = Permitted Use T= Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC CO BP PI MU-TC
X = Prohibited Use Neigh- Com- Business Public- Mixed-Use borhood munity Park Insti- Town Center
Cmrcl. Cmral. tutional
LAND USE
Tennis clubs, golf courses, and similar recreational uses with both indoor and outdoor facilities, lighted or unlighted (see also PR U X X U regulations, Subarticle 5)
Outdoor commercial recreation centers and uses, including such facilities as miniature golf, go-karts, batting cages, kiddie rides, rock U X X U climbing, and similar attractions, lighted or unlighted Outdoor commercial roller hockey, skateboard, and "stunt" bike U X U facilities, lighted or unlighted
Indoor commercial recreation centers and uses, roller hockey, and U U U other facilities; with same types of facilities as "Outdoor" above Health clubs, martial arts studios, and dance studios, under 5000 M M M A M sq/ft floor area
Health clubs, martial arts studios, and dance studios, over 5000 sq/ft U U U U X floor area
x U U U U
Private swim schools
U P P U P P
Libraries and museums
P P P P P P
Public parks, playfields, and open space; lighted or unlighted
P P P P P P
Bicycle, equestrian and hiking trails
U X
Indoor pistol or rifle ranges
ASSEMBLY USES
U U U P U
Lodges, union halls, social clubs, and senior citizen centers
U U U P U
Churches, temples, and other places of worship
Ordinance No. 2022-216 Page 7
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
U U U
Mortuaries and funeral homes
PUBLIC AND SEMI-PUBLIC USES
P P P P P P
Fire stations
P P P P P P
Government offices and police stations
P P P P P P
Public utility facilities
P P P P P P
Public flood control facilities and devices
Colleges and universities, including primary and satellite campuses X U U U U U and classrooms
U U U U U
Vocational schools (e.g., barber, beauty and similar)
U U X U U U
Private elementary, intermediate, and high schools
U U U U U
Train, bus, and taxi stations
P = Permitted Use T= Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC CO BP PI MU-TC
X= Prohibited Use Neigh- Business Public-
borhood munit Office Insti- Mixed-Use
Cmrel. Cmrcl Cmrel. Park tutional Town Center
LAND USE
X U U U
Helicopter pads
P
Public schools
Public or private kennels and animal shelters (with indoor or outdoor U U pet boarding)
RESIDENTIAL, LODGING, AND CHILD CARE USES
Child day care facilities, centers, and preschools as a principal use, U U U U U U subject to § 9-1-45.24
Managed care facilities. Property must be in the MC overlay district U U U U per § 9-1-54.2
Boarding houses, small (2 or fewer tenants/rented rooms) X Boarding houses, large (3 or more tenants or rented rooms) x X X U Group homes, 6 or fewer persons (excluding house manager) X Ordinance No. 2022-216 Page 8
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
Group homes, 7 or more persons (excluding house manager) U X Referral Facilities X X U X
X X U X
Single room occupancy (SRO) hotels, subject to § 9-45.25
P P P P P P
Emergency shelters
X U X
Transitional shelters
U U U X U
Hotels and motels
M M M M M M
Caretaker residences
Multifamily dwellings, additive
AUTOMOTIVE USES
(subject to § 9-1-45.11, Permanent Outdoor Display and Storage) U U
Gas and service stations
U U X
Car washes
X
Auto body repair and painting; major engine and transmission repair Auto repair specialty shops as a principal use: Providing minor auto maintenance: tire sales/service, muffler, brake, lube, and tune-up X X X services - not including major engine or drivetrain repair Auto repair specialty shops same as above, but as an accessory use, subordinate to a principal use such as a discount store, warehouse A store, or other permitted principal use.
U U
Auto and motorcycle sales and rentals, new
X X U X X
Auto and motorcycle sales and rentals, used
P= Permitted Use T= Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC CO BP PI MU-TC
X = Prohibited Use Neigh- Com- Business Public- Mixed-Use borhood munity Office Insti- Town Cente
Cmrcl Park tutional
Cmrel. Cmrcl.
LAND USE
x U
Truck, recreation vehicle, and boat sales
X X
Truck and/or equipment rentals
Ordinance No. 2022-216 Page 9
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
P P
Auto parts stores
X X
Auto or truck storage yards, not including dismantling
Parking lots/garages as a principal use, subject to Subarticle 6 U U U U U (Parking)
WAREHOUSING AND HEAVY COMMERCIAL USES
(subject to § 9-1-45.11, Permanent Outdoor Display and Storage) P X
Wholesaling/distribution centers, with no sales to consumers P X
General warehouses, with no sales to consumers
X
Mini-storage warehouses
Lumber yards, outdoor (see retail stores for indoor lumber sales)
X X X M
Pest control services
M
Plumbing repair shops
X U U
Contractor, public utility, and similar equipment/storage yards U U X
Central cleaning or laundry plants
Communication or relay facilities and/or antennas as a principal use, subject to § 9-1-45.6. Such facilities shall be considered a principal use if not associated with and incidental to another principal use on U U U U U the premises.
INDUSTRIAL AND RESEARCH USES
Manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except P X X milling), plastics, metal, and wood, includes commercial kitchens.
X U U P X U
Research and development
X P P P X P
Recording studios
X X X X X
Bottling plants
X X
Welding, machine, and metal plating shops
X X P X X
Sign painting, except sandblasting
Ordinance No. 2022-216 Page 10
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
M
Sign manufacturing, including sandblasting
Recycling centers as a principal use, collection and sorting only, U subject to § 9-1-45.19
P= Permitted Use T= Temporary Use Permit DISTRICT
A = Accessory Use M = Minor Use Permit
U = Use Permit CN CC BP PI MU-TC
X= Prohibited Use Neigh- Com- Business Public- Mixed-Use borhood munity Office Insti- Town Center
Crorcl. Cmrcl. Cmrcl. Park tutionai
LAND USE
X U X
Offsite hazardous waste facilities, subject to § 9-1-45.22.
ACCESSORY USES AND STRUCTURES
M M M
Outdoor display and sale of merchandise, subject to § 9-1-45.11 Outdoor vending stands (such as flower stands, hotdog stands, etc.) M M M M as an accessory use
See Recreation Uses
Game machines as an accessory use
M M M
Swimming pools as an accessory use
Dancing or live entertainment as an accessory use See Dining, Drinking and Entertainment Uses
A A A A A
Parking lots and facilities as an accessory use
A A A A A A
Signs, subject to Subarticle 7
A A A A A A
Fences and walls, subject to § 9-1-45.2
A A A A A A
Antennas and satellite dishes, subject to § 9-1-45.6
M M M M M M
Outdoor vending machines subject to § 9-1-45.18
Recycling dropoff bins, subject to § 9-1-45.19 M M M A A M Incidental products or services for employees or businesses, such as A A A A A A child day care, cafeterias, and business support uses
Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises A A A A A and are consistent with the purpose and intent of the zoning district.
TEMPORARY USES
Ordinance No. 2022-216 Page 11
ZCA 19-01 (City Center Mixed Use Project)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
T T T
Christmas tree sales, subject to § 9-1-45.7
T T T T T
Halloween pumpkin sales, subject to § 9-1-45.8
T T T T
Produce Stand, subject to § 9-1-45.9
T T T T X T
Sidewalk sales and center-wide events, subject to § 9-1-45.12
T T T T T
Special outdoor events, subject to § 9-1-45.13
T T T T T
Construction trailers and guard offices, subject to § 9-1-45.16
T T T T T T
Use of relocatable building, subject to § 9-1-45.17
OTHER USES
X
Fortune telling and palmistry
X X
Marijuana activities, including dispensing, cultivation, and delivery Any use prohibited by Federal and/or State law
Adult-oriented businesses See Subarticle 5 (Special Purpose Regulations)
Other principal, accessory or temporary uses not listed above. Director or Planning Commission to determine whether use is permitted in
accordance with
§ 9-1-23.
(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2018-194, § 2, 6-5-18; Ord. No. 2019-197, § 3, 6-4-19)
SECTION 3. Section 9-1-45.3 (Landscaping) of Subarticle 4 (Nonresidential Districts) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read as follows:
Sec. 9-1-45.3. Landscaping and Open Area.
(a) Landscape Plans. A landscape plan shall be prepared, approved, and implemented for all development projects. Landscaping shall consist of trees, shrubs, vines, groundcover, or a combination thereof.
Ordinance No. 2022-216 Page 12
ZCA 19-01 (City Center Mixed Use Project)
(b) Design Guidelines. This Section contains basic landscaping requirements. In addition, Subarticle 9 (Community Design Guidelines) contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items. (c) Landscaping Standards. Landscaping shall be installed and maintained in accordance with the following standards:
(1) Height of landscaping along all streets and boundaries shall comply with Section 9-1-45.2. (Fences and Walls).
(2) Boundary landscaping abutting arterial highways shall be provided to a minimum average depth of 15 feet with a minimum depth of 10 feet, measured from the street right-of-way.
However, along arterial highways designated as Scenic Highways in the General Plan (i.e., Crown Valley Parkway, Alicia Parkway, La Paz Road, Moulton Parkway, Street of the Golden Lantern, Pacific Island Drive, Camino del Avion, and Niguel Road south of Crown Valley Parkway) plus Niguel Road north of Crown Valley Parkway, landscaping shall be provided to a minimum depth of 25 feet, measured from the curb.
FIGURE 4.4
BOUNDARY LANDSCAPING REQUIREMENTS
Boundary Landscaping
- Arterials: Min. Depth = 10'; Min. Avg.
Depth = 15'
Scenic Highways: Min. Depth
from Curb = 25'
Arterial
Highway Boundary Landscaping
Abutting Non Arterial
Public Streets Shall be
10' Average Depth
5' Min.
10' Min.
Public Street
(3) Boundary landscaping abutting public streets other than arterial highways and abutting land zoned for residential use or PR, PI, or OS shall be provided to a minimum average depth of ten feet with a minimum depth of five feet, measured from the street right-of-way. (4) Interior landscaping shall be provided over at least five percent of the buildable project area
1.e., area of parcel remaining after deducting all required setbacks and meeting an equirements regarding maximum lot coverage or minimum open area. At least half tha amount (minimum of 2.5 percent) shall be located in parking areas. The remainder shall be Ordinance No. 2022-216 Page 13
ZCA 19-01 (City Center Mixed Use Project)
located in other interior portions of the project such as next to buildings. Boundary landscaping shall not be credited toward the interior landscaping requirement.
FIGURE 4.5
INTERIOR LANDSCAPING REQUIREMENTS
Interior Landscaping Shall be a
Min. of 5% of the Net Project Area
- Interior Landscaping of at
Least 2.5% of the Net Project
Public Street Area Shall be Located in the
Parking Areas
0 00
8 Interior
Public Landscaping
Street
- Boundary
Landscaping
(5) All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area.
(6) Permanent automatic irrigation facilities shall be provided for all landscaped areas. All irrigation systems shall be maintained in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.
(7) All landscaping shall be maintained in an orderly, attractive, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when necessary, and regular application of appropriate quantities of water to all landscaped areas.
(8) Modification to an approved landscape plan, or any significant modification to existing landscaped areas, removal, or substantial thinning of landscaping, shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the Community Development Director.
(d) Mixed-Use Town Center Zoning District Additional Requirements.
Ordinance No. 2022-216 Page 14
ZCA 19-01 (City Center Mixed Use Project)
(1) Mixed-Use Town Center Landscape Requirements. Mixed-Use Town Center development projects shall contain an additional 10% of landscaping for the entire buildable project area.
For purposes of this Section, "buildable project area" means the horizontal area within the boundaries of a development project, less slope areas with a ratio of 2:1 or steeper and less minimum boundary landscape requirements.
(2) Active and/or Passive Recreation Area Requirements. Active recreation and/or passive leisure space shall be provided for each mixed-use project containing residential uses. The required minimum amount of qualifying space for a mixed-use project is 300 square feet per residential unit. The usable open space may be common space accessible to more than one (1) dwelling unit or may be private space for the exclusive use of individual units, subject to the following:
Private Outdoor Living Area. Private usable open space at ground level (e.g., fenced yards, patios) or above ground level (e.g., balconies) shall have a minimum area of 50 square feet and shall have no dimension less than five feet. Private open space must be directly accessible from the individual dwelling. b. Common Active and/or Passive Recreation Area. Common active and/or passive recreation areas for residents located on the ground level shall be no less than 15 feet wide and 300 square feet in area, with slopes no greater than five percent. Common upper-story decks shall be no less than 10 by 10 feet in dimension. Roof decks shall be no less than 15 by 15 feet in dimension. No more than 20 percent of the total area required for active and/or passive recreation area may be provided on a roof. c. Recreation Facilities. Facilities may include swimming pools, spas, and related facilities; clubhouses; tot lots with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; fitness/gym facilities; or similar facilities for active recreational use.
Outdoor Passive Leisure Space. In order for outdoor passive leisure space to qualify toward the minimum square footage requirement, these outdoor common areas must include resident amenities, such as shaded seating areas or dining courtyards, gathering space with outdoor barbeques, firepits and/or fireplaces, or other similar improvements to enhance the outdoor environment of the development.
Ordinance No. 2022-216 Page 15
ZCA 19-01 (City Center Mixed Use Project)
SECTION 4. Section 9-1-43.1 (Table of Development Standards) of Subarticle 4 (Nonresidential Districts) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read as follows:
Sec. 9-1-43.1. Table of Development Standards.
Table 4.2, following, and Figures 4.1 and 4.2 in Section 9-1-44 set forth standards for development of property within nonresidential districts (See Section 9-1-33.7 for setbacks for irregular-shaped lots.) TABLE 4.2: NONRESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS
DISTRICT
DEVELOPMENT STANDARD CN CC CO BP PI MU-TC
Neighborhood Community Office Business Public- Mixed Use Town Commercial. Commercial. Commercial Park Institutional
35 35 65* 45* 35 50
Max. Structure Height (ft.)
Min. Lot Size (sq.ft.) no minimum
From street right-of-way 20 20 20 20 20 20
From residential districts and PI, 20 20 20 20 20 15/20** Min. Perimeter PR, & OS districts
Setbacks (from
abutting property From abutting commercial, office 10
0 0 0
line in ft.) and industrial projects
From interior property lines within 0 0 0
0 0 0
same project
Landscaping and Open Area See Section 9-1-45.3
Screening See Section 9-1-45.4
Signs and Parking See Subarticles 6 and 7
Fences and Walls See Section 9-1-45.2
* All minimum perimeter setbacks shall be increased one foot for every foot in height above 35 ft. (except for SECTION 4. Section 9-1-41.6 (Mixed-Use Town Center) of Subarticle 4 (Nonresidential Districts) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is hereby added to read as follows:
Ordinance No. 2022-216 Page 16
ZCA 19-01 (City Center Mixed Use Project)
Sec. 9-1-41.6. Mixed-Use Town Center
Purpose and Intent. To provide for the development and maintenance of community serving commercial uses within the Town Center area. To further expand and support local business opportunities, the MU-TC District allows for potential additive multi-family residential development where baseline commercial thresholds have been achieved. The resulting mixed-use district character is intended to add to the City's housing stock and create pedestrian activity and a vibrant city center featuring a range of shopping, restaurant, service, employment, civic, and entertainment and leisure activities and uses.
SECTION 5. Section 9-1-141 (Use of Terms) of Subarticle 14 (Definitions) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read as follows:
Section 9-1-141 Use of Terms
Dwelling, multifamily additive means a building containing three or more dwelling units on a single lot or building site that is allowed with a discretionary permit when the baseline commercial thresholds have been achieved for the building site pursuant to the General Plan designation.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of the Municipal Code previously in effect in the City, or within the territory comprising the City, shall constitute a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinance or the Municipal Code.
SECTION 7. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.
Ordinance No. 2022-216 Page 17
ZCA 19-01 (City Center Mixed Use Project)
SECTION 9. CITY CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19th day of July 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy M. Merritt, Deputy City Clerk
Ordinance No. 2022-216 Page 18
ZCA 19-01 (City Center Mixed Use Project)
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF ORANGE )SS
LAGUNA NIGUEL
I, Thy M. Merritt, Deputy City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Ordinance No. 2022-216 which was introduced at a regular meeting of the City Council of the City of Laguna Niguel, California, held on 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Thy M. Merritt, Deputy City Clerk
Attachment B
Ordinance No. 2022-217 (ZC 19-01)
ORDINANCE NO. 2022-217
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONE CHANGE ZC 19-01
(LAGUNA NIGUEL CITY CENTER MIXED-USE PROJECT)
The City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. FININGS
The City Council makes the following findings in connection with the adoption of this Ordinance.
The APPLICANT: Laguna Niguel Town Center Partners, LLC, 3501 Jamboree Road, Suite 300, Newport Beach, CA 92660, in conjunction with a request to develop a new mixed use project consisting of approximately 158,600 square feet of commercial space (e.g., retail shops, restaurants, office space), a new community library (approximately 16,300 square feet), 275 residential apartment homes, parking structure, and extensive walkable open spaces, paseos, and plazas, requests approval of Zone Change ZC 19-01 to change the zoning on the project site from "Community Commercial" (CC) and "Public/Institutional (PI)" to "Mixed-Use Town Center" (MU-TC) District over the site, excluding OCFA Fire Station No. 5, which would remain "Public/Institutional (PI)." The project site is approximately 25 acres in area and is located adjacent to City Hall, directly west of Crown Valley Parkway and Alicia Parkway intersection.
2. On May 24, 2022, the Planning Commission of the City of Laguna Niguel held a duly noticed public hearing on Zone Change ZC 19-01 and considered all evidence presented by City staff and other interested parties and made a recommendation to the City Council to adopt Zone Change ZC 19-01. The Planning Commission is an advisory body to the City Council with regard to the approval of Zone Changes.
3. A notice of public hearing describing the project and this Zone Change, and the date, time, and location of the hearing was advertised in the Orange County Register at least 10 days prior to the hearing date. Hearing notices were also mailed to property owners within 300 feet of the project boundaries. Over 500 hearing notices were also either emailed or mailed to those on the City's project interest list.
Additionally, a notice was also posted at City Hall and was made available on the City's website.
4. On June 21, 2022, the City Council held a duly noticed public hearing on Zoning Code Amendment ZCA 19-01 to amend the Laguna Niguel Zoning Code (Laguna Niguel Municipal Code Title 9) and considered all evidence presented by City staff and other interested parties regarding the Zone Change.
Ordinance 2022-217 Page 2
ZC 19-01 (Laguna Niguel City Center Mixed Use Project)
Environmental Impact Report EIR 22-01 (SCH No. 2019110083) was prepared and completed for the project pursuant to CEQA, the CEQA Guidelines, and the City's CEQA Manual. The City Council has reviewed and considered the information contained in Environmental Impact Report EIR 22-01, including Appendices and Response to Comments; and received comments provided at the noticed public hearing; and pursuant to Resolution No. 2022-1396 certified Environmental Impact Report EIR 22-01, and adopted a Mitigation Monitoring and Reporting Program and adopted Findings of Fact and Statement of Overriding Considerations, prior to adopting this Zone Change ZC 19-01.
Based on all of the evidence in the administrative record, the City Council hereby makes the following findings in support of Zone Change ZC 19-01:
1) Zone Change ZC 19-01 is consistent with the goals, objectives, and policies of the Laguna Niguel General Plan, as amended by General Plan Amendment GPA 19-01. The evidence for this finding is found in Chapter 5.10 of the EIR, including the General Plan consistency analysis found in Table 5.10-2. 2) Zone Change ZC 19-01 will not adversely affect the public health, safety, and general welfare. As noted above, the EIR has determined that all environmental effects, with the exception of greenhouse gas emissions, can be mitigated to a less than significant level. While greenhouse gas emissions cannot be mitigated to a less than significant level, that impact is evaluated on a regional level and all feasible mitigation has been imposed on the project to reduce the impact.
The City Council's adoption of Zone Change ZC 19-01 by this Ordinance is based on all available evidence in the record, including the evidence and findings of the Planning Commission and the evidence presented at the hearings held thereon by the Planning Commission and City Council.
SECTION 2. AMENDMENT OF THE OFFICIAL ZONING MAP
The City Council hereby adopts Zone Change ZC 19-01, amending the Official Zoning Map, as shown in Exhibit 1 attached hereto, provided that Zone Change ZC 19-01 shall not take effect unless and until General Plan Amendment GPA 19-01 and Zone Code Amendment ZCA 19-01 also take effect.
Ordinance 2022-217 Page 3
ZC 19-01 (Laguna Niguel City Center Mixed Use Project)
SECTION 3. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.
SECTION 5. CITY CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 19th day of July, 2022.
Elaine Gennawey, Mayor
ATTEST:
-
Thy M. Merritt, Deputy City Clerk
Exhibit(s):
Proposed Changes to the Official Zoning Map
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
LAGUNA NIGUEL
I, Thy M. Merritt, Deputy City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Ordinance No. 2022-217 which was introduced at a regular meeting of the City Council of the City of Laguna Niguel, California, held or AYES:
NOES:
ABSTENTIONS:
ABSENT:
Thy M. Merritt, Deputy City Clerk
EXHIBIT 1
Proposed Changes to the Official Zoning Map
Zone Change ZC 19-01: Proposed Changes to the Laguna Niguel Zoning Map Proposed Zoning District: "Mixed Use Town Center" (MU-TC) Highlands pacific Island Dr
Alicia Pkwy
Sonrisa Ln
Proposed
MU-TC
Crown Valley Pkwy
CC
PI
RS-3
OS
RM Via Valle Corona Venida Vig
Existing Zoning District: "Community Commercial" (CC) and "Public/Institutional" (PI) Highlands Ave
Pacific Island Dr Alicia Pkwy
Sonrisa
Existing
Crown Valley Pkwy
CC
PI Reata
RS-3
Via Reata
OS
Corona Va Vir urst Dr
RM Via Valle Venida