zoning, land use and investments. The element must add or modify meaningful programs based on the outcomes of this analysis.
Disproportionate Housing Needs: The element includes some general information on persons experiencing homelessness and housing conditions but should also evaluate those needs, impacts and patterns within the City, such as areas of higher need. For homelessness, the element should examine patterns of need or areas with higher concentrations of persons experiencing homelessness, including access to transportation and services. For housing conditions, the element should discuss any areas of potentially higher needs of rehabilitation and replacement. The element should utilize local data and knowledge such as service providers and code enforcement officials to assist this analysis.
Contributing Factors to Fair Housing Issues: Based on the outcomes of a complete analysis, the element should re-assess and prioritize contributing factors to fair housing issues.
Goals, Actions, Milestones and Metrics: As noted above, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitments, milestones, geographic targeting, and metrics or numerical targets and, as appropriate, must address housing mobility enhancement (more choices and affordability across geographies), new housing choices and affordability in higher opportunity and income areas (e.g., missing middle housing types), place- based strategies for community preservation and revitalization and displacement protection. Particularly, the element must include significant and meaningful action to enhance housing mobility. HCD will send examples under separate cover.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a) (3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory. (Gov. Code, § 65583, subd. (c) (1).) Tamara Letourneau, City Manager
Large Sites: The element was revised to discuss the availability of infrastructure for the City's large sites and explains some large sites will require additional grading. However, the analysis should address the affordability of development examples. In addition, the element must identify the location of the four-acre site in relationship to the larger 26.8 acre site and must further analyze the likelihood that the smaller four-acre site meant for housing affordable to lower-income households can be developed within the planning period separate from the larger site, that the slope constraint and other environmental issues will not impede the development of housing affordable to lower-income households. Based on the outcome of the analysis, the element should add or modify programs to encourage parcelina at appropriate sizes (e.g., 1-10 acres) and housing affordable to lower income households, including monitoring and taking appropriate steps if the sites do not progress as anticipated.
Realistic Capacity: The element was revised to describe its assumed density ranges. However, several revised tables in the housing element (e.g., Tables B-3 and B-5) provide information inconsistent with other parts of the element which clarify a density range of 50 to 120 dwelling units per acre. The element should clarify, as discussed on the April 26, 2023 call, that the minimum densities of 50 dwelling units per acre, will be the basis for its assumptions of realistic capacity.
In addition, the element still must include an analysis of all relevant land use controls that may affect the City's effort to reach maximum densities. Please see HCD's prior review for additional information
Suitability of Nonvacant Sites: The element was revised to provide examples of recent development on nonvacant sites including sites with automotive uses.
However, the element should specifically discuss the prior uses on recent development in a manner that supports the assumptions in the inventory. For example, the element generally mentions prior uses on the site of the Apex Laguna Niguel project but should also describe the prior improvement to land value ratio, age of structure and existing versus allowable floor area. In addition, the element should evaluate the extent existing uses impede additional development including analyzing existing leases or contracts or other conditions that would prevent redevelopment of sites.
In addition, for your information, the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the resolution of adoption includes a finding, this finding does not appear to be based on substantial evidence and any changes to the analysis should be reflected in future re-adoption of the element, if necessary.
Tamara Letourneau, City Manager
Electronic Sites Inventory: Although the City has submitted electronic sites inventory as described in the prior review, if any changes occur, the City shoul submit revisions as part of any future re-adoption or submittal. Please see HCD's housing element webpage at https://www.hcd.ca.gov/planning-and-community- development/housing-elements for additional information.
Programs: As noted above, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established.
Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing.....including......local processing and permit procedures. (Gov. Code, § 65583, subd. (a) (5).)
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c) (3).) Processing and Permit Procedures: The element was revised to describe average approval timelines. However, the element should still evaluate approval findings for impact on approval certainty and describe its strategy for mitigating the subjective components of its review (beyond complying with SB 35), including the City's design review findings. Based on the outcomes of this analysis, the element should add or modify programs to address and remove or mitigate any identified constraints.
4. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and achieve the goals and objectives of the housing element, programs should have specific commitment and discrete timing (e.g., at least annually, by 2025), as follows:
• Action 2.4 (Code Amendments for Group Homes): The Program should commit to allow group homes for seven or more persons in all zones allowing residential uses with objectivity to facilitate approval certainty and similar to other residential uses of similar form in the same zone.
Tamara Letourneau, City Manager
• Action 3.3 (Assist the Developers): The Program should commit to annual outreach with affordable housing developers to identify development opportunities.
• Action 3.4 (Extremely Low-income and Special Needs Households): In addition to annual outreach, the Program should commit to identifying development opportunities.
• Action 3.5 (Accessory Dwelling Units (ADU)): While the Program commits to evaluate progress toward ADU construction goals and revise policies as appropriate in 2025, this evaluation and revision should take place at least twice in the planning period. In addition, the Program should commit to monitor affordability and should commit to rezoning, if necessary, to maintain adequate sites to accommodate the regional housing needs allocation (RHNA) by income group throughout the planning period. • Action 4.1 (At-risk Preservation): The Program should commit to carry out noticing requirements (e.g., three years, twelve months and six months) and coordinate with qualified entities that can preserve and manage at-risk units.
5. Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b) (1 & 2).)
The element was revised to include construction, rehabilitation, and conservation goals for its housing supply. However, the element should consider conservation objectives beyond at-risk preservation to better reflect the City's targets to conserve and improve the affordable housing stock, particularly for lower-income households, including extremely low-income households. For example, these quantified objectives could consider the many actions intended to mitigate displacement risk.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted, if necessary, to comply with the above requirements.
As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within one year of the statutory deadline (October 15, 2021), then any rezoning to make prior identified sites available or accommodate the RHNA, including for lower-income households, shall be completed no later than one year from the statutory deadline. As this year has passed Tamara Letourneau, City Manager
and rezoning has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed.
Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements.
For additional information and timing requirements, please see HCD's memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent sources.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Shawn Danino, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Attachment C
November 14, 2023, Planning Commission
Resolution No. 23-12
RESOLUTION NO. 23-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT GPA 21-01A02
(2021-2029 UPDATED HOUSING ELEMENT); AND DETERMINING THE ACTION TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS:
The City of Laguna Niguel is proposing to augment General Plan Amendment GPA 21-01A01, the adopted 2021-2029 Laguna Niguel General Plan Housing Element.
2. As provided in Government Code Sections 65352-65352.5 the City mailed a public notice on May 6, 2021, to all California Native American tribes provided by the Native American Heritage Commission and other entities listed and no California Native American tribe requested consultation.
3. The California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the City's housing needs and an analysis of the resources and constraints, both governmental and non - governmental, relevant to the meeting of these needs; (i) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update.
4. The City's share of the regional housing need was established at 1,207 units in the Regional Housing Needs Assessment Plan prepared and adopted by the Southern California Association of Governments (SCAG) on March 22, 2021. The allocation establishes the number of new units needed, by income category, to accommodate expected population growth over the 2021-2029 planning period of the Housing Element.
Housing Element Law requires the Housing Element to identify adequate sites to accommodate the City's Regional Housing Needs Allocation (RHNA) for all income categories, and the Housing Element Update identifies sites that can accommodate housing exceeding the City's RHNA.
6. The adopted 2021-2029 Housing Element was prepared in accordance with Government Code Sections 65580 through 65589.
Resolution No. 23-12 Page 2
GPA 21-01A02 (2021-2029 Updated Housing Element)
7. On May 25, 2021, the Planning Commission held a noticed public hearing, to receive public testimony on the draft 2021-2029 Housing Element.
On June 22, 2021, the City submitted the draft 2021-2029 Housing Element to the State Department of Housing and Community Development (HCD) for review and comment, in accordance with State housing law (Government Code Section 65585).
On August 20, 2021, HCD provided written correspondence indicating, in their assessment, the draft element addressed many statutory requirements; however, revisions were necessary to comply with State Housing Element Law (Article 10.6 of the Government Code).
10. The draft 2021-2029 Housing Element was revised to address HCD's comments of August 20, 2021, as described in the Planning Commission staff report dated September 28, 2021.
11. On September 28, 2021, the Planning Commission held a public hearing to review the draft 2021-2029 Housing Element, received public comments from interested community stakeholders, and recommended approval of adoption to the City Council.
12. On October 19, 2021, City Council held a public hearing to review the draft Housing Element, received public comments from interested community stakeholders, and adopted General Plan Amendment GPA 21-01, 2021-2029 Housing Element, finding that the updated Housing Element included revisions that addressed HCD's comments on the draft Housing Element.
On October 21, 2021, HCD received the adopted General Plan Amendment GPA 21-01, 2021-2029 Housing Element.
14. On January 19, 2022, the City received a second comment letter from HCD finding that, in their assessment, while the adopted Housing Element addresses many statutory requirements, additional revisions were necessary to comply with State Housing Element Law.
15. The adopted Housing Element was augmented to address HCD's comments of January 19, 2022, as described in the Planning Commission staff report dated March 14, 2023.
16. On March 14, 2023, the Planning Commission held a public hearing to review the revised 2021-2029 Housing Element (as augmented to address HCD's comments), received public comments from interested community stakeholders, and recommended approval of adoption to the City Council.
Resolution No. 23-12 Page 3
GPA 21-01A02 (2021-2029 Updated Housing Element)
17. On March 21, 2023, City Council held a public hearing to review the revised Housing Element, received public comments from interested community stakeholders, and adopted General Plan Amendment GPA 21-01A01, 2021-2029 Housing Element, finding that the updated Housing Element included revisions that addressed HCD's comments on the Housing Element.
18. On March 23, 2023, HCD received the adopted General Plan Amendment GPA 21-01A01, 2021-2029 Housing Element.
19. On May 22, 2023, the City received a third comment letter from HCD finding that, in their assessment, while the adopted Housing Element addresses many statutory requirements, additional revisions were necessary to comply with State Housing Element Law.
20. The adopted Housing Element was augmented to address HCD's comments of May 22, 2023, as described in the Planning Commission staff report dated November 14, 2023, Attachment C "Summary of HCD Comments and City Responses."
21. A notice of the public hearing describing the project, date, time, and location of the hearing was advertised in the Laguna Niguel News, posted at City Hall, and made available on the City's website on November 2, 2023, at least 10 days prior to the hearing date. On November 2, 2023, the October 2023 red-line of the 2021-2029 Housing Element was posted on the City's website, and hearing notices were mailed and emailed to all interested parties, which included a link to the October 2023 red-line of the 2021-2029 Housing Element.
22. On November 14, 2023, the Planning Commission held a duly advertised public hearing to receive and consider testimony on General Plan Amendment GPA 21- 01A02, augmentation of the 2021-2029 Housing Element.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of the Commission.
SECTION 2. CEQA. The Planning Commission finds, and recommends that the City Council find, that this amendment to the Laguna Niguel General Plan (i.e., GPA 21-01A02) is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061. Specifically, Section 15061(b)(3) states, in part, that a project is exempt from CEOA if "the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Resolution No. 23-12 Page 4
GPA 21-01A02 (2021-2029 Updated Housing Element)
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Section 15061(b)(3) consists of activities covered by the "common sense exemption" that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The augmentation of the adopted 2021-2029 Housing Element would not result in any direct or indirect physical changes to the environment. The Housing Element, including as revised, is strictly a policy document and does not provide entitlements to any specific land use projects. The Housing Element, including the revisions proposed in the updated 2021-2029 Housing Element, does not make any changes to the Laguna Niguel General Plan land use map and would not modify any land use designations, allowed densities, or land use intensities established by the General Plan.
The augmentation of the adopted 2021-2029 Housing Element contains goals, policies, and programs aimed at addressing Laguna Niguel's housing development, preservation, and rehabilitation needs, including accommodating the City's RHNA of 1,207 housing units by 2029, encouraging housing to serve lower income and special needs households, increase access to affordable and special needs housing, and affirmatively furthering fair housing. The proposed project does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather includes goals and policies to facilitate the development, preservation, and rehabilitation of housing consistent with existing and proposed uses identified in the Laguna Niguel General Plan and as mandated to be allowed under State All future housing development projects will be reviewed pursuant to the CEQA.
The goals, policies, and programs established by the 2021-2029 Housing Element would not change the rate or location of development and would not propose or approve any development projects. The Housing Element also includes goals, policies, and programs to reduce constraints on housing. These goals, policies, and programs generally address land use designations that currently allow urban levels of development and would remove constraints to housing and implement housing types currently allowed and required to be permitted under State law. These revisions would not result in any changes to the intensities or densities of allowed uses beyond those allowed by the Laguna Niguel General Plan and those standards currently required by State law.
The augmentation of the adopted 6th Cycle Housing Element was reviewed and it was determined that it would not have the potential to result in a significant adverse effect associated with any environmental issue area, including aesthetics, agricultural/forestry resources, air quality, biological resources, cultural resources, energy, geology/soils, greenhouse gases emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, transportation, tribal cultural resources, utilities/service systems, wildfire, cumulative impacts, or substantial adverse effects to human beings. Theretore, the Resolution No. 23-12 Page 5
GPA 21-01A02 (2021-2029 Updated Housing Element)
updated Housing Element is exempt from the provisions of the CEQA as set forth in Section 15061(b)(3) of the State CEQA Guidelines.
SECTION 3. Additional Findings. The Planning Commission finds, and recommends that the City Council find, that GPA 21-01A02 meets the findings required for General Plan amendments under Laguna Niguel Municipal Code Section 9-1- 117.1(g)(1)-(2) for the following reasons:
General Plan Consistency. GPA 21-01A02 is internally consistent with the goals and objectives, and policies of the Laguna Niguel General Plan which are not being amended, particularly the Land Use Element for the following reasons:
A. The General Plan's Land Use Goal (LU-1) seeks to provide a well-balanced mix of land uses to meet the future needs of all residents. The existing Housing Element and the current augmentation advance this goal by first providing a description of the population, household type, household size, household income and overpayment, overcrowding, special needs populations, housing stock, housing age and condition, housing tenure and vacancy, housing costs and affordability, and at-risk rental housing.
Secondly, the augmentation further advances the goal by describing the resources and opportunities available to meet the needs of the residents.
B. The General Plan Land Use Goal (LU-8) seeks to revitalize Camino Capistrano / Cabot Road Business Area (also known as the Laguna Niguel Gateway Area, and the Gateway Specific Plan area is prime for residential development for the following reasons:
• A Program EIR was certified for the Gateway Specific Plan, which streamlines the CEQA review process for housing developments thereby enhancing development certainty and reducing development time and cost.
• As described in the Gateway Specific Plan PEIR, there is sufficient infrastructure capacity to accommodate the residential build-out of the Gateway Specific Plan which includes 784 residential units identified in the underutilized inventory in Table B-6.
• As identified in the Underutilized Sites description starting on page B-13 of the proposed Housing Element amendment, the Gateway area has been significantly revitalized due to the multi-family housing developments constructed, under construction, or approved in the area. • As shown in Table B-3, ten multi-family projects have been previously approved and/or built in the Gateway Specific Plan, demonstrating that the Plan creates significant market incentives and opportunities for new Resolution No. 23-12 Page 6
GPA 21-01A02 (2021-2029 Updated Housing Element)
residential development. Additionally, all of the approved multi-family projects in the Gateway Specific Plan have exceeded the allowable density of 50 units per acre by electing to provide a "public benefit" to exceed 50 units per acre.
• All of the existing buildings on properties listed in Table B-6 are 40 years old or more, indicating significant market potential for redevelopment and all are developed with buildings with a floor area ratio (FAR) less than 0.5, indicating significant market potential for redevelopment.
The Apex Laguna Niguel project, approved by the Planning Commission on July 10, 2012, is an example of a site where non-residential uses were demolished for the purpose of residential construction. The current
3.7-acre site originally was composed of two sites (2.4 acres and 1.3 acres). The first site was originally occupied by the Mission Yamaha dealership, demolished in early 2007 in anticipation for redevelopment of the site with an 85,000 square foot medical office. The other parcel was originally developed with a 9,200 square foot, single-story industrial building occupied by Concept Framing, which was demolished by the developer in 2011. This project also demonstrates the successful consolidation of multiple parcels into a single project. • The 6.4-acre Blu Laguna Niguel project, approved by Planning Commission on June 10, 2014, is another example of a residential development on an underutilized site that previously contained two commercial projects. The upper pad contained two commercial/light industrial buildings accessed from Cabot Road and a sizeable, landscaped hillside that descended to the Oso Creek flood control channel. The lower pad consisted of two commercial/light industrial buildings accessible from Crown Valley Parkway bounded by vegetated slopes. The buildings were constructed in the 1970s, and gross square footage for all buildings totaled approximately 55,230 square feet. • The South Forbes project, approved by the City's Planning Commission on June 14, 2022, is a recent example of a developer purchasing existing non-residential buildings in the Gateway Specific Plan area for residential development. Prior to entitlement, the 11,586 square foot property at 27912 Forbes Road was used for auto repair/auto service uses (Econo Lube and Tune); the 212,044-square-foot property at 2 7942 Forbes Road was used for auto repair/auto service uses (Tucker Tire); and the 12,644-square-foot property at 27972 Forbes Road was being used for auto repair/auto service (Suspension Plus).
Resolution No. 23-12 Page 7
GPA 21-01A02 (2021-2029 Updated Housing Element)
• Current, conservative estimates identify the valuation of Laguna Niguel property at $4 million dollars an acre when entitled to multifamily development. According to Core Logics' Property Detail Report for all of the underutilized properties identified in Table B-6, the value per acre for each of the properties is less than $4 million dollars an acre, with most hovering around the $1 million dollar acre valuation. Therefore, similar to the property owners of the ten developments identified in Table B-3, there are significant incentives to redevelop the properties for residential purposes.
2. Public Health Safety and Welfare. GPA 21-01A02 would not adversely affect the public health, safety, and general welfare because the proposed amendment to the City's General Plan Housing Element further supports an adequate supply for autor 20201 housing, including Laguna Niguel's share of the region's new housing need for the 2021- 2029 planning period as established by the Southern California Association of Governments (SCAG). The amendment further describes the plans to allow and support residential development opportunities in the City in an environmentally responsible manner. Therefore, the proposed amendment will not create conditions materially detrimental to public health, safety, and general welfare.
SECTION 3. Minor Modifications. The City Manager or their designee is authorized to make minor modifications to the Housing Element to address comments provided by the Department of Housing and Community Development on this Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in new actions by the City that would require a commitment of $20,000 or greater.
SECTION 4. Recommendation to the City Council. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council approve General Plan Amendment GPA 21-01A02, augmenting the adopted 2021-2029 General Plan Housing, attached hereto as Exhibit 1 and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED this 14t* day of November 2023.
AYES: Green, Savage-Lebhart, Ferlauto, Hayes, Vahid
NOES:
ABSTAIN:
ABSENT:
Resolution No. 23-12 Page 8
GPA 21-01A02 (2021-2029 Updated Housing Element)
salla Glen
Jonathan Orduna
Community Development Director
You See
Roger Green
Chair of the Planning Commission
Exhibit:
1. Proposed Redlines of Adopted 2021-2029 Housing Element Update EXHIBIT 1
2021-2029 Draft Revised Housing Element
LIMITED DISTRIBUTION
Due to the size of this document, full copies have only been provided to the Planning Commission.
Copies are available upon request at:
City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
949.362.4300
Normal copying charges apply - Or available to download at no cost from www.CityofLagunaNiguel.org
Attachment D
November 14, 2023, Planning
Commission Meeting Minutes
TAGUNA
THE CITY OF LAGUNA NIGUEL
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
1 COUNT
1989 NoVEMBER 14, 2023
CALL TO ORDER By Chair Green at 7:00 p.m.
ROLL CALL
Voting Members Present: Chair Roger Green
Vice Chair Savage-Lebhart
Commissioner Karen Ferlauto
Commissioner Kathleen Hayes
Commissioner Pedram Vahid
Voting Members Absent: None
Advisory Members Present: Community Development Director Jonathan Orduna
Staff Present: Deputy Director John Morgan
City Attorney Todd Leishman
Senior Planner Erica Roess
Contract Planner Amanda Tropiano
Management Analyst Hannah Tamaddon
PLEDGE OF ALLEGIANCE Led by Commissioner Ferlauto
APPROVAL OF MINUTES - October 10, 2023
It was moved by Commissioner Hayes and seconded by Vice Chair Savage-Lebhart to approve the Minutes of the October 10, 2023, Planning Commission meeting. The motion carried 5-0.
AYES: Green, Savage-Lebhart, Ferlauto, Hayes, Vahid
NOES: None
ABSTAIN: None
ABSENT: None
Planning Commission Minutes Page 1 of 5 November 14, 2023
PUBLIC COMMUNICATIONS
There were no Public Communications.
NOTICED PUBLIC HEARING ITEMS
General Plan Amendment GPA 21-01A02 (2021-2029 Updated Housing Element) - PUBLIC HEARING - Updates to the adopted 2021-2029 Housing Element in response to comments received from the California Department of Housing and Community Development (HCD) on May 22, 2023.
Recommended Action: That the Planning Commission open the public hearing, take public testimony, close the public hearing, and then take the following actions:
A. Find that adoption of General Plan Amendment GPA 21-01A02 is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
B. Adopt Resolution No. 23-12 recommending that the City Council approve General Plan Amendment GPA 21-01A02 (2021-2029 Updated Housing Element) and determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3).
Contract Planner Tomaino provided a PowerPoint presentation summarizing the proposed General Plan Amendment, consisting of updates to the adopted 2021-2029 Housing Element in response to comments received from HCD on May 22, 2023.
Commissioner Ferlauto commented that the document consists of edits in blue text, but the staff report refers to the changes as redlines. She suggested that the document edits should be in red instead of blue or described differently in the City Council staff report.
Commissioner Hayes clarified with Contract Planner Tropiano that the City did not currently have an emergency shelter; however, in order to meet the provisions in the Housing Element, there were several zones available that could accommodate it.
Vice Chair Savage-Lebhart asked if staff could outline the consequences should the City not have a certified Housing Element. Contract Planner Tropiano answered that the lack of a certified Housing Element by HCD could jeopardize City grant funding opportunities and local land-use decision-making authority. She continued that there could also be financial penalties, and it was in the City's best interest to continue working towards a certified Housing Element.
Planning Commission Minutes Page 2 of 5 November 14, 2023 Chair Green clarified with Contract Planner Tropiano that the City did have an adopted Housing Element. HCD had reviewed the adopted Housing Element and had continued to request revisions for the City to resolve in order for them to find it in statutory compliance.
Chair Green noted that HCD's letter said the 5th cycle housing element did not meet statutory requirements. He asked if this was what HCD had recently reviewed. Contract Planner Tropiano answered that the document reviewed and requested revisions were for the 6th cycle Housing Element. The letter just explained that the 5" cycle housing element was old.
Chair Green also noted that HCD's letter said if the local government failed to adopt a compliant Housing Element within one year, then any rezoning to make prior identified sites available or accommodate the arena must be completed no later than one year from the statutory deadline. He inquired about rezoning and if there was a follow-up document to be produced after the Housing Element. Contract Planner Tropiano answered that the letter was a form letter and not customized for Laguna Niguel. The City did not have a rezoning program, so this would not apply.
Chair Green confirmed with City Attorney's office representative Todd Leishman that they reviewed the updated housing element.
Commissioner Hayes confirmed with Contract Planner Tropiano that the time clock standard of one year was only applicable to cities that were required to rezone sites. The City was operating on a separate time schedule. When the updated Housing Element is submitted, HCD has 60 calendar days to provide feedback to the City on whether the revisions adequately addressed their requests. She continued that she had high confidence that the City's evidence-based revisions addressed HCD's comments.
Chair Green opened the Public Hearing at 7:33 p.m.
Debbie Salahi, 24341 Toponas Court, noted she had a difficult time reading through the large document and stated she had a few comments. First, it seemed there was a lot of automotive area in the Gateway, and wondered how they were going to make sure the pollution caused by this would not impact potential new housing development. Second, she was concerned about the lack of affordable housing and noted that workers could not afford to live in this City. She explained this was going to affect her when she is older and unable to take care of herself in her home without assistance. She also mentioned being very happy to see the revisions made, including Action 3.3 to create an affordable housing outreach program and Action 3.4 for extremely low-income and special needs housing. She hoped that they could keep the affordable housing apartments that were aging out. She emphasized that Laguna Niguel needed affordable housing.
Chair Green asked Community Development Director Orduna if he would like to address any of Debbie Salahi's comments. Community Development Director Orduna answered that staff has been in contact with Debbie Salahi and will continue to be available to speak with the public on this matter. He added that if the Planning Commission had any questions related to Debbie's comments, staff would be happy to address them at their direction.
Debbie Salahi added that Senior Planner Erica Roess has been very helpful. Chair Green Planning Commission Minutes Page 3 of 5 November 14, 2023 thanked Senior Planner Roess.
Chair Green closed the Public Hearing at 7:36 p.m.
Vice Chair Savage-Lebhart thanked staff for the excellent and clear presentation. She noted that staff's work on this has been monumental. The question she had about the consequences of non-certification certainly leaves no doubt that if the revisions satisfy HCD, it was in the Planning Commission's best interest to approve the updated housing element and move it forward to City Council. She concluded that this was her position.
Commissioner Ferlauto explained it was somewhat disappointing that they were discussing the Housing Element so soon after it was just revised in March of this year. With the changing regulations at the state level and CD's review process the City must adhere to, it has become increasingly difficult to keep pace with the state changes. She applauded staff's efforts in updating the Housing Element. She agreed with Debbie Salahi that there were a lot of pages to read. She noted that the State and the City agreed that additional housing was necessary but thought a more streamlined approach might be beneficial. That said, she appreciated the work that went into this update and hoped the final approval comes to pass.
Commissioner Ferlauto asked if it would be beneficial to send drafts to HCD to review prior to going to Planning Commission and City Council to adopt the changes. She added that if HCD had an opportunity to comment, it might streamline their agenda a little bit if they waited.
Contract Planner Tropiano answered that it would be a wonderful opportunity but unfortunately, HCD only reviews and formally comments on officially submitted documents.
She agreed it would streamline things, but to get their attention and receive official feedback, it did need to go through this formal process.
Chair Green echoed the comments made by other Planning Commissioners. He noted that this has been a really involved process, having come before the Planning Commission three times. He understood that staff was trying to get it right and anticipate what HCD will agree with and believed staff has done a thorough job. He continued that the City does need a certified Housing Element for several reasons, including the consequences that were outlined earlier in the meeting. He concluded that he would be voting to approve the updated housing element and hoped that HCD would certify.
It was moved by Vice Chair Savage-Lebhart and seconded by Commissioner Hayes to A) find that adoption of General Plan Amendment GPA 21-01A02 is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and, B) adopt Resolution No. 23-12 recommending that the City Council approve General Plan Amendment GPA 21-01A02 (2021-2029 Updated Housing Element) and determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3).
The motion carried 5-0.
Planning Commission Minutes Page 4 of 5 November 14, 2023 AYES: Green, Savage-Lebhart, Ferlauto, Hayes, Vahid
NOES: None
ABSTAIN: None
ABSENT: None
OTHER BUSINESS
None
REPORTS AND COMMENTS
Planning Commission
None
2. Community Development Director and Staff
Community Development Director Orduna noted that there will be one more Planning Commission meeting this year on Tuesday, December 12, and wished everyone a Happy Thanksgiving.
ADJOURN
The meeting was adjourned at 7:45 p.m.
ATTEST:
Jonathan Orduna
Community Development Director
Roger Green
Planning Commission Chair
Planning Commission Minutes Page 5 of 5 November 14, 2023