CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: June 6, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 2023-222 Approving Zone Change ZC 20-01 for a Zoning Map Change to add the "Managed Care" Overlay District on Parcel 2 of Tentative Parcel Map TPM 2021-101 for the Griffin Senior Living Community
RECOMMENDATION
City staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2023-222:
ORDINANCE NO. 2023-222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE
ZC 20-01 (GRIFFIN SENIOR LIVING COMMUNITY)
BACKGROUND & ANALYSIS
On May 19, 2023, as part of a duly noticed public hearing, the City Council unanimously approved a series of discretionary applications to allow the development and operation of a 108-unit state-licensed assisted living and memory care community for Griffin Senior Living Community on a predominantly vacant portion of the existing Grace Church property located at 24600 La Plata Drive (Parcel 2 of Tentative Parcel Map TPM 2021- 101). As a part of the hearing, the City Council conducted the first reading, by title only, of Ordinance No. 2023-222 expanding the permissible zoning on the property to include a Managed Care (MC) Overlay District to accommodate the subject assisted living and memory care community on Parcel 2. The MC Overlay provides for and regulates specialized housing, which serve the physical and social needs of senior citizens and persons requiring specialized care or assistance. The City Council also directed that Ordinance No. 2023-222 be placed on the June 6, 2023, City Council agenda for second reading and adoption.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt the proposed Ordinance and the existing base zoning of Public/Institutional would remain unchanged, which would preclude the development of the Griffin Senior Living Community Project. The City Council may also decide to direct City staff to return with a revised Ordinance to be presented at a future City Council meeting.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ECORP Environmental Consultants (City environmental consultant), in collaboration with City staff and other City third-party consultants, prepared Mitigated Negative Declaration MND 23-01 (SCH No. 2023020444) for the project, including Zone Change 20-01, pursuant to CEQA and the City's CEQA Manual. The MND included a description of the project, an evaluation of the potential environmental impacts, and findings from the environmental review that that the proposed project would either not result in significant environmental impacts, or although a significant impact may be anticipated, incorporation of mitigation measures provided would reduce the environmental impact to a less than significant level. The MND was approved by the City Council on May 16, 2023, pursuant to Resolution No. 2023-1428.
FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance No. 2023-222.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Ordinance No. 2023-222 as to form and content.
CONCLUSION
City staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2023-222:
ORDINANCE NO. 2023-222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE
ZC 20-01 (GRIFFIN SENIOR LIVING COMMUNITY)
Jamara & Retownenu Lade Kitt
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Jonathan Orduna John Morgan
Community Development Director Development Services Manager Amber Gregg
Contract Planner
Attachments:
A. Ordinance No. 2023-222
Exhibit 1 - Proposed Change to the Official Zoning Map
ORDINANCE NO. 2023-222
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
APPROVING ZONE CHANGE ZC 20-01
(GRIFFIN SENIOR LIVING COMMUNITY)
The City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. FINDINGS
The City Council makes the following findings in connection with the adoption of this Ordinance
The APPLICANTS: Griffin Living, LLC, 24005 Ventura Blvd., Calabasas, CA 91302 and Grace Church, 24600 La Plata Drive, Laguna Niguel CA 92677, in conjunction with a request to develop and operate a 108-unit state-licensed assisted living and memory care community and to expand and remodel Grace Church, are requesting approval of Zone Change ZC 20-01 for a zoning map change to add the "Managed Care (MC)" overlay designation on proposed Parcel 2 (Griffin Senior Living Community) of Tentative Parcel Map TPM 2021-201. The base underlying zoning would remain "Public/Institutional (PI)." The project site, subject to the MC overlay is
3.7 acres, and is generally located at the southeast corner of Crown Valley Parkway and La Plata Drive.
Mitigated Negative Declaration MND 23-01 was prepared and completed for the project pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Manual.
3. On April 25, 2023, the Planning Commission of the City of Laguna Niguel held a duly noticed public hearing on the project, including Zone Change ZC 20-01, and considered all evidence presented by City staff and other interested parties and made a recommendation to the City Council to approve the proposed project as fully set forth in Planning Commission Resolution No. 23-07.
4. A notice of public hearing describing the project and identifying the date, time, and location of the May 16, 2023, City Council hearing was advertised in the Laguna Niguel News at least 10 days prior to the hearing date. Hearing notices were also mailed to property owners within 500 feet of the project boundaries and all persons on the interested parties list. Additionally, a notice was also posted at City Hall and was made available on the City's website.
5. On May 16, 2023, the City Council of the City of Laguna Niguel conducted a duly noticed public hearing on the project, including Zone Change ZC 20-01, and considered all evidence presented by City staff and other interested parties and introduced Ordinance No. 2023-222.
Ordinance No. 2023-222 Page 2
ZC 20-01 (Griffin Senior Living Center & Grace Church Remodel) Mitigated Negative Declaration MND 23-01 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 Mitigated Negative Declaration MND 23-01, including Appendices and Response to Comments; and received comments provided at the noticed public hearing; and adopted Resolution 2023-1428 adopting Mitigated Negative Declaration MND 23-01, and accompanying Mitigation Monitoring and Reporting Program prior to the approval of Zone Change ZC 20-01.
7. All legal prerequisites prior to the adoption of the ordinance have occurred.
8. Based on all of the evidence in the administrative record, the City Council hereby makes the following findings in support of Zone Change ZC 20-01:
a. Zone Change ZC 20-01 is consistent with the goals, objectives, and policies of the Laguna Niguel General Plan in that the Medical Center Overlay to the Public/institutional zoned property will enable the establishment of the Residential Care Facility. The subject property is within Community Profile 10, Sub-profile Area A, of the Laguna Niguel General Plan. The Land Use Element designates the project site as Public/Institutional. The Public/Institutional designation includes a wide range of public, quasi-public, and special-purpose private facilities aimed at providing a variety of governmental or social services to the community. Land uses such as senior housing, congregate care facilities, and managed care facilities are permitted in all General Plan land use designations, except for Single Family Detached and Open Space, provided that the proposed project does not generate more traffic than the projected traffic generation for the land use intensity identified in the General Plan. Griffin Senior Living Community would essentially be replacing the former Grace Classical Academy (elementary and middle school). A Traffic Study (TS) was conducted by RK Engineering Group, Inc.
The TS included an assessment of the traffic generated by the former school compared to the proposed assisted living and memory care facility. As summarized in the TA, the proposed project would generate considerably less traffic daily traffic than the former school use (289 vs 411 total vehicle daily trips).
In addition to consideration of the Land Use Element, the project is also consistent with the goals and policies of the Housing Element. This includes generating diversified housing options in the City that would provide a range of services that would meet the physical, social, and spiritual needs of senior citizens requiring specialized care or assistance.
Ordinance No. 2023-222 Page 3
ZC 20-01 (Griffin Senior Living Center & Grace Church Remodel) ZC 20-01 will not adversely affect the public health, safety, and general welfare in that the proposed project is consistent with the Laguna Niguel Zoning Code and General Plan and is conditioned to comply with all building and safety code requirements.
The City Council's adoption of Zone Change 20-01 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 Commissions and City Council.
SECTION 2. AMENDMENT OF THE OFFICIAL ZONING MAP
The City Council hereby adopts Zone Change ZC 20-01, amending the Official Zoning Map, as shown in Exhibit 1, attached hereto.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance 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.
SECTION 4. 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 5. 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. 2023-222 Page 4
ZC 20-01 (Griffin Senior Living Center & Grace Church Remodel) SECTION 6. 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 6th day of June, 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa Asistin, City Clerk
Exhibit(s):
1. Proposed Changes to the Official Zoning Map
Ordinance No. 2023-222 Page 5
ZC 20-01 (Griffin Senior Living Center & Grace Church Remodel)
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
LAGUNA NIGUEL
1, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Ordinance No. 2023-222 which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on June 6, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Marissa Asistin, City Clerk
PASSED, APPROVED, AND ADOPTED this 6'h day of June, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
EXHIBIT 1
Proposed Changes to the Official Zoning Map
Kings. Via San Sebastian calle Vija
Crown Via Valverde
Hillview Dr Vista Plaza Dr
Crown Valley Pkwy La Plata Dr Via Larga
Project Site
ral Park Dr Rue De Moner La Vida Dr
De Gauguin.
Rue
Current Zoning
Castle Rd Calle
Kings VW Via San Sebastian Vieja
Crown ark Via Valverde
Hillview Dr Vista Plaza Dr
arkside Dr E Crown Valley Pkwy La Plata Via Larga
Project Site
De Monet Gauguin
Central Park Rue De La Vida Dr
Rue
Proposed Zoning
VI Managed Care Overlay Proposed
OS
Medical Care Overlay District
PI
255
Date: 4/20/2023