CITY OF LAGUNA NIGUEL
CITY CoUNCIL AgEnDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Assistant City Manager
DATE: May 7, 2024
SUBJECT: A Public Hearing to Consider Zoning Code Amendment ZCA 24-02 Introducing an Ordinance amending Sections 9-1-71, 9-1-74, and 9-1-77 to Adopt Criteria Allowing for the Placement of Seasonal Temporary Non- Commercial Signs in Designated Public Rights-of-Way and Mandating Non- Commercial Content Neutrality Clause and Finding the Action to be Exempt from the California Environmental Quality Act Under State CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Open the public hearing, take public testimony, close the public hearing, and then take the following actions:
1. Find that adoption of Zoning Code Amendment ZCA 24-02 is exempt from CEQA because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, ZCA 24-02 is exempt from CEQA as there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment because ZCA 24-02 merely extends the permissible locations for the placement of certain temporary signs. (14 Cal. Code Regs. § 15061(b)(3).) There is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment.
2. Waive the full reading, make any amendments to, and introduce Ordinance No. 2024-229 by title:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
3. Direct that the proposed ordinance, with any changes, be placed on the agenda for the May 21, 2024, City Council Meeting and adopt the ordinance at that meeting.
BACKGROUND
The Laguna Niguel Municipal Code ("LNMC") prohibits the placement of all signs within, over, or across a public right-of-way unless otherwise exempted. (LNMC § 9-1-71.3(e).) This complete ban can lead to widespread disregard for these regulations, especially during election periods, specifically forty-five days before, and five days after the corresponding election. This requires routine removal by staff, a process that can often result in unnecessary waste and expenditure. This approach also necessitates significant use of City resources for consistent monitoring/enforcement of these regulations.
Additionally, during an election period, many major corridors of the City become blighted in appearance due to a mass proliferation of related temporary signage. At the request of Council Member Gennawey and Council Member Winstead, this item was placed on the agenda to address such issues.
ANALYSIS
The proposed ordinance, Ordinance No, 2024-229 (Attachment A), establishes an exception to the general prohibition against signs over all public rights-of-way by adopting criteria allowing for "seasonal" placement of temporary non-commercial signs over designated public rights-of-way, as depicted in Exhibit "f" of Attachment "A." This is "seasonal" because it is open during a fixed period of time preceding and following elections in which Laguna Niguel voters participate. The signs permitted can relate to elections or any other non-commercial message (see discussion of content neutrality requirement below). The intent of these guidelines is to ensure public safety in designated public rights-of-way while mitigating potential visual clutter throughout the City caused by such signs, particularly during election periods. This date and location targeted exception is also intended to streamline any necessary enforcement process by enabling the City to focus its resources on regulating signs in designated areas rather than enforcing a blanket prohibition throughout the entire City.
The proposed ordinance also introduces a Constitutionally-mandated "substitution clause" that will allow for any non-commercial sign, including seasonal temporary non- commercial signs, to be erected in place of any other sign. This modification is intended to strengthen the City's compliance with the United States Supreme Court's Reed v. Town of Gilbert decision which prohibits the City's discriminating against any particular non- commercial message, for example, by allowing election signs while prohibiting non- commercial signs about another social issue. This means that if a person is entitled to some commercial or non-commercial advertising opportunity (e.g., election signs), that person may also substitute a different non-commercial sign for one the Code authorizes.
Planning Commission Recommendation
On March 26, 2024, the Planning Commission, as an advisory body to the City Council, held a publicly noticed hearing to consider Zoning Code text amendments. The Planning Commission adopted Resolution No. 24-03 (Attachment B) recommending that the City Council approve Zoning Code Amendment ZCA 24-02 to adopt criteria allowing for the placement of seasonal temporary non-commercial signs in designated public rights-of- way and mandating non-commercial content neutrality clause and finding the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines section 15061(b)(3). The minutes from the Planning Commission meeting are provided in Attachment C.
PUBLIC NOTICE
On April 25, 2024, a one-eighth (1/8th) page notice of the public hearing describing the project, date, time, and location of the hearing along with a general explanation of the matter to be considered was advertised in the Laguna Niguel News in accordance with Government Code Sections 65090. A notice was also posted at City Hall and was made available on the City website. As of the writing of this staff report, no public comments have been received in response to this public notice.
ENVIRONMENTAL REVIEW
In accordance with the requirements of CEQA, the adoption of ZCA 24-02 is exempt from CEQA because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, ZCA 24-02 is exempt from CEQA as there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment because ZCA 24-02 merely extends the permissible locations for the placement of certain temporary signs. (14 Cal. Code Regs. § 15061(b)(3).) There is no possibility that ZCA 24- 02 or its implementation would have a significant negative effect on the environment.
ALTERNATIVES CONSIDERED
1. The City Council may decide not to introduce the proposed ordinance and the existing Laguna Niguel Municipal Code provisions would remain unchanged.
2. The City Council may direct staff to return with a revised ordinance to be presented at a future City Council meeting.
FISCAL REVIEW
There is no fiscal impact as a result of the introduction of Ordinance No. 2024-229.
LEGAL REVIEW
Thomey sance Ordinance No. 2024-229 were drafted in collaboration with the Gily
CONCLUSION
Open the public hearing, take public testimony, close the public hearing, and then take the following actions:
1. Find that adoption of Zoning Code Amendment ZCA 24-02 is exempt from CEQA because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, ZCA 24-02 is exempt from CEQA as there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment because ZCA 24-02 merely extends the permissible locations for the placement of certain temporary signs. (14 Cal. Code Regs. § 15061(b)(3).) There is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment.
2. Waive the full reading, make any amendments to, and introduce Ordinance No. 2024-229 by title:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
3. Direct that the proposed ordinance, with any changes, be placed on the agenda for the May 21, 2024, City Council Meeting and adopt the ordinance at that meeting.
Jamaal Betowneau Lace Knitt
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
Osata Maston
Justin J. Martin
Assistant City Manager
Attachments:
A. Ordinance No. 2024-229
B. March 26, 2024: Planning Commission Resolution No. 24-03 C. March 26, 2024: Planning Commission Meeting Minutes
ATTACHMENT A
Ordinance No. 2024-229
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
duly organized us, the City of iguang lal altore ate of alrincipal corporation WHEREAS, the City's Sign Ordinance, codified in Section 9-1-70 et seq. of the Laguna Niguel Municipal Code, imposes a general restriction on the placement of signs within, over, or across a public right-of-way unless exempted under the Sign Ordinance; WHEREAS, it has been observed that individuals often place temporary signs over public rights-of-way within the City, particularly during election periods, leading to unnecessary expenditure associated with their routine removal by City staff, and blighted appearance due to mass proliferation of related signage; WHEREAS, the purpose of Zoning Code Amendment 24-02 ("Ordinance") is to update the City's Sign Ordinance and adopt criteria regulating the placement, including the height, size, and display duration, of seasonal temporary non-commercial signs specifically in approved public rights-of-way depicted in Attachment "f" forty-five days before any government agency election in which Laguna Niguel voters participate; WHEREAS, the intent of the Ordinance is to mitigate potential visual clutter throughout the City caused by the seasonal placement of temporary non-commercial signs throughout the City's public rights-of-way and streamline any necessary enforcement process by enabling the City to focus its resources on regulating signs in designated areas, rather than enforcing the prohibition throughout the entire City; WHEREAS, the Ordinance further introduces a substitution clause to the Sign Ordinance clarifying that non-commercial signs may be erected in place of any other permitted sign in the Code in accordance with current First Amendment standards; WHEREAS, on March 26, 2024, the Planning Commission held a duly noticed public hearing to consider the Ordinance;
WHEREAS, following the public hearing, the Planning Commission reviewed and recommended approval of Zoning Code Amendment 24-02;
WHEREAS, on May 7, 2024, the City Council held a duly noticed public hearing on the Ordinance, at which time the City Council considered the Planning Commission's recommendation as well as all evidence presented by City staff and other interested parties; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Section 9-1-71.1(g) of the Laguna Niguel Municipal Code (General Procedures) is added to read as follows:
(g) Non-Commercial Signs. Signs shall be permitted in the City in accordance with this subarticle. In each instance and under the same conditions in which this subarticle permits any sign, a non-commercial sign constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign. (1) The foregoing notwithstanding, signs containing ideological, political or other non-commercial messages shall not be permitted in lieu of a directional, warning, or informational signs required by or authorized by law or by a governmental authority and traffic control signs on private property with messages, such as "Stop" and "Yield," and similar signs, the face of which meet California Department of Transportation standards and bear no commercial message of any sort.
(2) For purposes of this subarticle, non-commercial means a sign containing an ideological, political, or other message not relating to a commercial transaction.
SECTION 3. Section 9-1-74(m) of the Laguna Niguel Municipal Code (Permitted Temporary Signs) is amended to read as follows (additions in underline and removals in strikethrough):
(m) Seasonal Temporary Non-Commercial Election Signs. Seasonal temporary non-commercial election signs shall be permitted, subject to the following:
(1) Each sign shall not exceed four square feet in area and a maximum height of three feet.
(2) Signs shall be placed no earlier than 45 days before a the forthcoming federal, state, or local election in which Laguna Niguel voters (3) Signs must be removed no later than five days after said the election. If an election sign is not removed within five days after said the election, the City city may recover costs for removal from the candidate advocated on the election sign attached to the stake.
SECTION 4. Section 9-1-77(15) of the Laguna Niguel Municipal Code (Prohibited Signs) is amended to read as follows (additions in underline and removals in strikethrough):
The signs and displays listed in this section are prohibited in the City. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following:
(15) Signs located upon or projecting over public streets, sidewalks, or rights-of- way unless the sign meets the criteria of this subsection 15(a) specific approval has been granted);
a. Seasonal Temporary Non-Commercial Signs in Designated Public Rights- of-Way. Seasonal temporary non-commercial signs shall only be permitted in the public rights-of-way depicted in Figure 7.1 subject to the following requirements:
(1) Signs shall be securely affixed and positioned in a manner that ensures public safety and prevents any risk of accidents or hazards. (2) Notwithstanding Section 9-1-74(m)(1), total aggregate sign area shall not exceed four square feet in area and a maximum height of three feet. (3) Signs must comply with the requirements of Section 9-1-74(m)(2)-(3). (4) No more than three signs with the same message may be permitted for each designated area.
(5) No part of any sign shall be placed between the back of the curb and the sidewalk when the sidewalk abuts the curb.
(6) Signs and sign placement shall not cause damage to the site, including landscaping, irrigation, or City property.
(7) Signs shall not be affixed to any utility at the site, including hydrant. street, traffic signs, utility poles, wires, boxes, or any landscaping, including trees, shrubs, tree stakes, or protective guards. (8) Signs shall not obscure visibility or access to fire hydrants, traffic signs, or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.
(9) Signs shall not block any safety sign or notice or official or legal notices issued by any court or public body or officer in the performance of a public duty.
(10) No flags, pennants, balloons, or other attention-attracting devices shall be affixed to or otherwise displayed in conjunction with the sign. (11) The foregoing notwithstanding, Section 9-1-77(15) shall not apply to directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.
(12) The City makes no representations about the conditions, from time to time, of the identified signage locations and hereby puts all persons or notice that the conditions of the property is uncertain and all persons use of the property is at their sole risk. The City notes that soil conditions, traffic conditions, weather conditions, and the acts of third parties may put person(s) and property placed pursuant to this section at risk and further, that the person(s), groups, and supporters of any person, group, or entity does so at their own risk and, for themselves, their heirs and assigns, releases, waives, and indemnifies, and hold harmless the City. including its elected officials, officers, staff, employees, and contractors from all damages, awards, payments, claim, or reimbursement, of all types and nature, that may, from time to time, arise while utilizing this section and the rights accorded herein and pursuant to this section.
SECTION 5. The City Council finds that the Ordinance is consistent with the goals, objectives, and policies of the General Plan. The Ordinance is consistent with General Plan Policy 4.2 (Land Use), which states that the City should "Enhance the landscape theme throughout public right-of-way and at major City entrance points." The Ordinance aims to ensure that the visual landscape is not cluttered or disrupted near public rights- of-way throughout the City by regulating temporary signage, thus enhancing the overall landscape theme as envisioned under Policy 4.2. Furthermore, the Ordinance is consistent with General Plan Policy Goal 4 (Open Space/Parks/Conservation," which encourages "Conservation and enhancement of visual resources along scenic corridors." By setting clear limits on when and where seasonal temporary non-commercial signs can be displayed, especially during elections periods, the Ordinance helps in conserving and enhancing visual resources along these areas.
SECTION 6. This proposed ordinance is exempt from the requirements of the California Environmental Quality Act ('CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal.
Code Regs. § 15061(b)(3).) This Ordinance merely extends the permissible locations for the placement of certain temporary signs and there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, 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 remainder of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each and every 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. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 9. The City Clerk of the City of Laguna Niguel shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law in the City of Laguna Niguel.
Niguel, California, at a regular meeting of the City Council held on the _ Casionia, a a regular meeting opte i Coul held on of the City to ay.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
EXHIBIT «q»
Figure 7.1: Approved Public Right-of-Way for Seasonal
Placement of Temporary Non-Commercial Signs
Pacific Palk Dr
Cabor- Rd
Alicia Pkwy
Aliso Moulton Pkwy,
20 Camino Capistrano -
Creek Rd
1 Paseo & De (
montands Aver
Crown Valley Pkwy POIN
Street Type
Pacific Island Dr Major
Niguel Ra Primary
Secondary
Res / Collector
• Major Intersection
District
3 Camino Del
Avion
Aliso Creek and
La Paz Road
Beacon Hill and Golden Lantern Golden Lantern
Moulton and Aliso Niguel Moulton and Crown Valley 11 Crown Valley and La Plata and Paseo De Colinas Avila and La Paz Road Crown Valley and Greenfield 12 Niguel Road and Marina Hills Drive 17 Club House Drive and Niguel Road Highland and Alicia Pkwy Crown Valley and Cabot 13 Marina Hills Drive and Valle Vista 18 Crown Valley Pkwy and Camino Del Avion Rancho Niguel and Moulton Pkwy Cabot and Paseo De Colinas 14 Golden Lantern and Marina Hills Dr. 19 Niguel Road and Camino Del Avion Niguel Road and Alicia Pkwy Crown Valley and Niguel Road A 5 Golden Lantern and Chapparosa 20 La Paz Road and Aliso Creek Road O: GISADMIN Prox
ATTACHMENT B
March 26, 2024: Planning Commission Resolution No. 24-03 RESOLUTION NO. 24-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAGUNA NIGUEL, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT
24-02 REGARDING THE ADOPTION OF CRITERIA FOR
PLACEMENT OF SEASONAL TEMPORARY NON-
COMMERCIAL SIGNS IN PUBLIC RIGHTS-OF-WAY AND NON-
COMMERCIAL NEUTRALITY CLAUSE AND FINDING THE
ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Laguna Niguel, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California;
WHEREAS, the City's Sign Ordinance, codified in Section 9-1-70 et seq. of the Laguna Niguel Municipal Code, imposes a general restriction on the placement of signs within, over, or across a public right-of-way unless exempted under the Sign Ordinance; WHEREAS, it has been observed that this complete prohibition can lead to widespread disregard for these regulations, notably during election periods and specifically forty-five days before and five days after the corresponding election; WHEREAS, additional observations have indicated that individuals often place temporary non-commercial signs over public rights-of-way within the City, leading to unnecessary expenditure associated with their routine removal by City staff and blight in appearance due to a mass proliferation of related temporary signage near major corridors of the City;
WHEREAS, Zoning Code Amendment ("ZCA") 24-02 aims to create an exception to the general prohibition by authorizing some seasonal placement of temporary non- commercial signs specifically over designated public rights-of-way, as detailed in Attachment "1" of Exhibit "A," " subject to guidelines on the height, size, and display duration of these signs in order to uphold public safety standards and preserve the aesthetic quality of the City;
WHEREAS, the intent of ZCA 24-02 is to mitigate potential visual clutter throughout the City caused by the seasonal placement of temporary non-commercial signs throughout the City's public rights-of-way and streamline any necessary enforcement process by enabling the City to focus its resources on regulating signs in designated areas rather than enforcing the prohibition throughout the entire City; WHEREAS, ZCA 24-02 also introduces a Constitutionally-mandated substitution clause that, if approved, will mandate non-commercial content neutrality where such signs are permitted, including campaign signs, in place of a permitted sign in accordance with current First Amendment standards;
WHEREAS, on March 26, 2024, the Planning Commission conducted a duly noticed public hearing to consider zoning text amendments to Sections 9-1-71, 9-1-74, and 9-1-77 of the Laguna Niguel Municipal Code, as described in the proposed ordinance attached as Exhibit "A";
WHEREAS, all other legal prerequisites to the adoption of this Resolution have been satisfied; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance.
NOW, THEREFORE, the Planning Commission of the City of Laguna Niguel does hereby resolve, determine, find, and order as follows:
Section 1. The foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
Section 2. In accordance with Laguna Niguel Municipal Code section 9-1- 117.4(d), the Planning Commission hereby finds that adoption of the attached ordinance is, as a matter of law, consistent with the City's General Plan pursuant to Government Code section 65852.2(a) (1)(C).
Section 3. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 30111 Crown Valley Parkway Laguna Niguel, CA 92677. The custodian of the record of proceedings is the Director of Community Development.
Section 4. This proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, this proposed ordinance is exempt from CEQA because there is no possibility that this proposed ordinance or its implementation would have a significant negative effect on the invironment. (14 Cal. Code Regs. § 15061(b)(3).) This proposed ordinance merely xtends the permissible locations for the placement of certain temporary signs. There i no possibility that this proposed ordinance or its implementation would have a significant negative effect on the environment.
Section 5. Based on the foregoing, the Planning Commission hereby recommends that the City Council adopt Zoning Code Amendment 24-02, which is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 6. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.
Section 7. The Planning Commission Chair shall sign and the secretary shall attest to the adoption of this Resolution.
Section 8. This Resolution takes effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED This 26'h day of March, 2024, by the Planning Commission of the City of Laguna Niguel, California, by the following roll call vote:
AYES: Savage-Lebhart, Hayes, Ferlauto, Green, Meihaus
NOES:
ABSENT:
ABSTAIN:
the Glen
Jonathan Orduna
Community Development Director
Salesmandekkal
Sally Savage-Lebhart
Chair of the Planning Commission
ATTACHMENT C
March 26, 2024: Planning Commission Meeting Minutes
G
THE CITY OF LAGUNA NIGUEL
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
1989 MARCH 26, 2024
CALL TO ORDER By Chair Savage-Lebhart at 7:00 p.m.
ROLL CALL
Voting Members Present: Chair Sally Savage-Lebhart
Vice Chair Kathleen Hayes
Commissioner Karen Ferlauto
Commissioner Roger Green
Commissioner Brian Meihaus
Voting Members Absent: None
Jonathan
Advisory Members Present: Godumanity Development Director Staff Present: Assistant City Manager Justin Martin
Deputy Director John Morgan
Assistant City Attorney Isra Shah
Senior Planner Erica Roess
Planning Technician Genna Smith
Contract Planner Stephanie Tomaino
Management Analyst Hannah Tamaddon
PLEDGE OF ALLEGIANCE Led by Commissioner Hayes
APPROVAL OF MINUTES - March 12, 2024
It was moved by Vice Chair Hayes and seconded by Commissioner Green to approve the Minutes of the March 12, 2024, Planning Commission meeting. The motion carried AYES: Savage-Lebhart, Hayes, Ferlauto, Green, Meihaus
NOES: None
ABSTAIN: None
ABSENT: None
Planning Commission Minutes Page 1 of 7 March 26, 2024
PUBLIC COMMUNICATIONS
There were no Public Communications.
NOTICED PUBLIC HEARING ITEMS
1. Zoning Code Amendment ZCA 24-02 (Temporary Non-Commercial Signs) - PUBLIC HEARING - An amendment to the Laguna Niguel Municipal Code, amending Sections 9-1-71, 9-1-74, and 9-1-77 to adopt criteria allowing for the placement of seasonal temporary non-commercial signs in designated public rights-ot-way and mandating non-commercial content neutrality clause and finding the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines section 15061(b)(3).
Recommended Action: That the Planning Commission open the public hearing, take public testimony, close the public hearing, and then take the following actions:
A. Adopt Resolution No. 24-03 (Attachment A) recommending that the City Council approve Zoning Code Amendment ("ZA") 24-02 amending Sections 9-1-71.1, 9-1-74, and 9-1-77 of the Laguna Niguel Municipal Code to adopt criteria allowing for the placement of seasonal temporary non- commercial signs near designated public rights-of-way and mandating non- commercial content neutrality where such signs are permitted.
B. Find that adoption of Zoning Code Amendment ZCA 24-02 is exempt from the California Environmental Quality Act ('CEQA") because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Alternatively, ZCA 24-02 is exempt from CEQA because there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) Assistant City Manager Martin provided a PowerPoint presentation summarizing the proposed Zoning Code Amendment for Temporary Non-Commercial Signs.
Vice Chair Hayes asked about the rationale behind the zoning code amendment and its impact on reducing staff time. Assistant City Manager Martin explained that the amendment aimed to concentrate signage in designated areas, rather than enforcement across the entire City. He noted that this zoning code amendment was drawn from similar ordinances in other cities.
Commissioner Ferlauto expressed her support for reducing clutter from election signage but sought clarification on the amendment's scope regarding private property rights. Assistant City Manager Martin affirmed individuals' continued rights to display signs on private property and emphasized the goal of consolidating signage on public property at major intersections.
Planning Commission Minutes Page 2 of 7 March 26, 2024
Commissioner Ferlauto noted that private property would include homeowners' slopes along Crown Valley Parkway.
Commissioner Green confirmed with Assistant City Manager Martin that the zoning code amendment was modeled after other cities, including Mission Viejo and Lake Forest. He also confirmed that the attachment showing the locations permitting election signs were noted in green circles on the map.
Commissioner Green asked if this information would be made available on the City's website to inform the public as well as those running for election. Assistant City Manager Martin explained the plan for disseminating information about the amendment to candidates and the public, emphasizing proactive outreach through the election process.
Commissioner Green agreed with the premise of consolidating signage to major intersections but expressed concern about the 5 feet height limit for signs, suggesting a reduction from 5 feet to 3 feet to prevent distractions and potential safety hazards. Assistant City Manager Martin noted that the 5 feet height limit was an existing limit in the municipal code, however the Planning Commission could exercise their authority to recommend a modification to be considered by the City Council.
Chair Savage-Lebhart thanked Assistant City Manager Martin for the presentation and commended the initiative to address signage clutter.
Chair Savage-Lebhart sought clarification on how code enforcement of signage would be put into practice, given the City's intent to streamline resources and reduce staff time. Assistant City Manager Martin answered that the code enforcement team would be informed on the new requirements and noted that it will be education first from the beginning, and enforcement as necessary. Assistant City Manager Martin added that with the new adoption of City Council districts, only three districts will be voting in this upcoming election. With that, there may or may not be less candidates putting up election signage. He noted that there would be a lot of changes as it relates to the election, but he believed the zoning code amendment would be a good step forward.
Chair Savage-Lebhart opened and closed the Public Hearing at 7:24 p.m.
Commissioner Green noted for the record that he would propose amending the recommendation to reduce the height limit of signage from 5 feet to 3 feet.
Commissioner Meihaus confirmed with Assistant City Manager Martin that the zoning code amendment pertained to non-commercial temporary seasonal signs 45 days prior to an election and 5 days after. Commissioner Meihaus asked if there would be collateral damage to other non-commercial, for example the City's Bunny Bonanza event.
Commissioner Green clarified his recommendation would be to only reduce the height limit for election signs.
Vice Chair Hayes noted that her understanding was that the zoning code amendment would apply to all signs.
Planning Commission Minutes Page 3 of 7 March 26, 2024
Assistant City Manager Martin explained that as the code currently exists, the 5 feet height limit was already included. This zoning code amendment would only apply during this seasonal period in these specific areas as designated in the very specific public rights of way.
Commissioner Ferlauto wondered if this meant only election signs. Vice Chair Hayes answered that this would apply to all non-commercial signs during this period in the designated areas.
Commissioner Ferlauto asked Assistant City Manager Martin if the reduction of height to 3 feet would impact any other city signage for advertising events, such as Bunny Bonanza.
Assistant City Manager Martin answered that it would not because they would not put these signs in the designated rights of way during the restricted time period. Commissioner Ferlauto confirmed with Assistant City Manager Martin that the restrictions were only for non- commercial seasonal temporary signs.
It was moved by Commissioner Green and seconded by Vice Chair Hayes to A) adopt Resolution No. 24-03 (Attachment A) as amended (reducing the height limit for temporary seasonal non-commercial signs from a maximum of 5 feet to 3 feet), recommending that the City Council approve Zoning Code Amendment ("ZCA") 24-02 amending Sections 9-1-71.1, 9-1-74, and 9-1-77 of the Laguna Niguel Municipal Code to adopt criteria allowing for the placement of seasonal temporary non-commercial signs near designated public rights-of-way and mandating non-commercial content neutrality where such signs are permitted; and, B) find that adoption of Zoning Code Amendment ZCA 24-02 is exempt from the California Environmental Quality Act ("CEQA") because it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Alternatively, ZCA 24-02 is exempt from CEQA because there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The motion carried 5-0.
AYES:
NOES: Navage-Lebhart, Hayes, Ferlauto, Grean, Maihaus
ABSTAIN: None
ABSENT: None
2. Zoning Code Amendment ZCA 24-01 (State-Mandated Code Amendments) - PUBLIC HEARING - A City-initiated ordinance to amend various sections of the Laguna Niguel Municipal Code to address several State land-use mandates; ana determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
Recommended Action: That the Planning Commission open the public hearing, take public testimony, close the public hearing, and then take the following actions:
Planning Commission Minutes Page 4 of 7 March 26, 2024
A. Find that adoption of Zoning Code Amendment ZCA 24-01 is exempt from the California Environmental Quality Act ("CEQA") because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and thus is not a "project" under State CEQA Guidelines Section 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if adoption of ZCA 24-01 did qualify as a project under CEQA, find that it is exempt from CEQA pursuant to 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. 24-02 (Attachment A) recommending that the City Council approve Zoning Code Amendment ZCA 24-01 amending various sections of the Laguna Niguel Municipal Code to address several State land-use mandates; and determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
Contract Planner Tomaino provided a PowerPoint presentation summarizing the proposed Zoning Code Amendment.
Commissioner Green explained he understood that state-mandated code amendments were required by HCD, and staff had limited authority to make any changes. Commissioner Green asked whether limits to the number of residents per room or other occupant limitations could be added to the zoning provisions pertaining to transitional supportive housing. Deputy Director Morgan answered that staff had looked into this, but the state government code was explicit and does not allow the City to impose such limitations or create any additional standards.
Commissioner Meihaus asked if staff had exercised all opportunities available for local control as it related to state-mandated code amendments. Contract Planner Tomaino confirmed that staff had done everything they could to exercise local control.
Chair Savage-Lebhart opened and closed the Public Hearing at 7:54 p.m.
It was moved by Commissioner Ferlauto and seconded by Vice Chair Hayes to A) find that adoption of Zoning Code Amendment ZCA 24-01 is exempt from the California Environmental Quality Act ("CEQA") because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and thus is not a "project" under State CEQA Guidelines Section 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if adoption of ZCA 24-01 did qualify as a project under CEQA, find that it is exempt from CEQA pursuant to 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. 24-02 (Attachment A) recommending that the City Council approve Zoning Code Planning Commission Minutes Page 5 of 7 March 26, 2024
Amendment ZCA 24-01 amending various sections of the Laguna Niguel Municipal Code to address several State land-use mandates; and determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
The motion carried 4-1.
AYES: Savage-Lebhart, Hayes, Ferlauto, Meihaus
NOES: Green
ABSTAIN: None
ABSENT: None
Commissioner Green explained he voted no because he believed there should be limitations on the number of people living in transitional supportive housing. He understood staff's limitations given state law but hoped that staff could revisit this with the City Attorney's office to add additional provisions before the City Council reviews.
OTHER BUSINESS
1. General Plan Conformity Finding (Oso Creek Channel - Easement for Street Widening @ Crown Valley Parkway) - OTHER BUSINESS - A request by the County of Orange for a General Plan conformity determination for a proposed easement from the Orange County Flood Control District to the City of Laguna Niguel for the Crown Valley Parkway street widening project.
Recommended Action: That the Planning Commission adopt Resolution No. 24- 04 making a finding that the conveyance of the Oso Creek Channel easement between the Orange County Flood
Control District and the City of Laguna Niguel is in
conformance with the Laguna Niguel General Plan.
Planning Technician Smith provided an overview of the General Plan conformity finding.
Chair Savage-Lebhart thanked Planning Technician Smith for the presentation and expressed her excitement about the widening in that area.
It was moved by Commissioner Ferlauto and seconded by Commissioner Green to receive the presentation from the Community Development Department and file this report.
The motion carried 5-0.
AYES: Savage-Lebhart, Hayes, Ferlauto, Green, Meihaus
NOES: None
ABSTAIN: None
ABSENT: None
Planning Commission Minutes Page 6 of 7 March 26, 2024
REPORTS AND COMMENTS
Planning Commission
None
2. Community Development Director and Staff
Director Orduna thanked the Planning Commission for their thoughtful consideration for the evening's items and noted that they were difficult topics to address. He reiterated that staff, in coordination with the City Attorney's office, had done everything possible to ensure the maximum level of local control, and that was what was reflected in the state-mandated code amendment. Regarding the specific question of limiting the number of people in transitional supportive housing, staff had raised the very same luestion to the City Attorney's office and were told that no changes could be mad and nothing more could be done. This will be reflected in the staff report to City Council.
Director Orduna noted that there will be a Planning Commission workshop on April gth for the residential project at the surplus CUSD site, the second workshop to date, the first being in November 2022. Staff will be providing the Commission with more information in the next couple of weeks.
ADJOURN
The meeting was adjourned at 8:02 p.m.
ATTEST:
Jonathan Orduna
Community Development Director
Sall Sanande bia d
Sally Savage-Lebhart
Planning Commission Chair
Planning Commission Minutes Page 7 of 7 March 26, 2024