CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: May 21, 2024
SUBJECT: Second Reading and Adoption of Ordinance No. 2024-228 Adopting Zoning Code Amendment ZCA 24-01 Amending Various Sections of the Laguna Niguel Municipal Code to Address Several State Housing and Land Use Mandates
RECOMMENDATION
Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-228:
ORDINANCE NO. 2024-228
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 24-01 AMENDING VARIOUS
SECTIONS OF THE LAGUNA NIGUEL MUNICIPAL CODE TO ADDRESS SEVERAL STATE HOUSING 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)
BACKGROUND
On May 7, 2024, as part of a duly held public hearing, the City Council conducted the first reading, by title only, of Ordinance No. 2024-228 (Attachment A). This ordinance entails the adoption of Zoning Code Amendment ZCA 24-01 amending various sections of the Laguna Niguel Municipal Code to address several state housing and land use mandates.
At the meeting, the City Council unanimously approved the proposed ordinance with one minor amendment related to electric vehicle charging station development standards. The revised code amendments are included as Attachment A, Exhibit 1 to Ordinance No. 2024-228. The City Council further directed that the ordinance be placed on the May 21, 2024, City Council agenda for second reading and adoption.
ANALYSIS
The proposed Zoning Code Amendment ZCA 24-01 updates the Laguna Niguel Municipal Code to address recent state laws on housing and electric vehicle charging stations. This amendment fulfills the city's commitments in the certified 2021-2029 Housing Element by updating zoning regulations for emergency shelters, transitional and supportive housing, group homes, and the Housing Element site inventory. ZCA 24-01 also revises density bonus regulations and establishes low-barrier navigation centers to comply with new state mandates. Additionally, the amendment updates the City's EV charging station regulations to comply with recent state legislation, providing clearer guidance for applicants and staff while minimizing aesthetic impacts. The Planning Commission supports these code amendments, recommending City Council approval and determining ZCA 24-01 to be exempt from CEQA review. The amendment also supports the City Council's Strategic Plan, particularly its goals surrounding economic and community development.
ENVIRONMENTAL REVIEW
Adoption of 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 is thus not a "project" under State CEQA Guidelines 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Here, the Code amendments do not constitute a project subject to CEQA because they ensure that the City's standards and permitting requirements are consistent with State law and fair housing laws, as required by HCD. The Code amendments merely codify these requirements in the LNMC. Additionally, the Code amendments are exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, 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.
Here, there is no possibility that the Code amendments may have a significant effect on the environment because they merely amend the LNMC to be consistent with State law and fair housing laws, which are already binding on the City.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Ordinance No. 2023-228, and the existing Laguna Niguel Municipal Code provisions would remain unchanged. In such cases, any housing and/or land use requests preempted by state law would be reviewed solely for compliance with those statutes, precluding the application of local review procedures or city-specific objective development standards. The City Council may also decide to 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 adoption of Ordinance No. 2024-228.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and corresponding
Ordinance as to form and content.
CONCLUSION
City staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-228:
ORDINANCE NO. 2024-228
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 24-01 AMENDING VARIOUS
SECTIONS OF THE LAGUNA NIGUEL MUNICIPAL CODE TO ADDRESS SEVERAL STATE HOUSING 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)
Janara SCetousneau
Tamara S. Letourneau Scott Smith
City Manager City Attorney
halla Glen
Jonathan Orduna John Morgan
Community Development Director Deputy Community Development Director Erica Roes S. Tomaid
Erica Roess Stephanie Tomaino
Senior Planner Contract Planner
Attachments:
A. Ordinance No. 2024-228
Exhibit 1 - Zoning Code Amendment ZCA 24-01
ATTACHMENT A
Ordinance No. 2024-228
ORDINANCE NO. 2024-228
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 24-01 AMENDING
VARIOUS SECTIONS OF THE LAGUNA NIGUEL MUNICIPAL CODE TO ADDRESS SEVERAL STATE HOUSING 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 City Council of the City of Laguna Niguel does hereby ordain as follows:
SECTION 1. FINDINGS.
The City Council makes the following findings in connection with the adoption of this Ordinance.
1. By the authority granted to the City of Laguna Niguel ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety.
On December 5, 2023, the 2021-2029 (6th cycle) Laguna Niguel Housing Element ("Housing Element") was approved by the City Council.
On February 22, 2024, the California Department of Housing and Community Development ("HCD") found the adopted housing element, including all technical modifications, to be in substantial compliance with the State's Housing Element law (Gov. Code, § 65580 et seq).
4. HCD's determination is subject to the timely and effective implementation of all programs outlined within the Housing Plan, including the City updating its applicable zoning provisions to ensure that development standards and permitting requirements are consistent align with current state mandates. This includes Zoning Ordinance amendments pertaining to emergency shelters, transitional and supportive housing, and group homes, among other programs specified within its adopted Housing Plan.
5. California's Density Bonus Law (Gov. Code, § 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderate-income units) by requiring cities to grant a density bonus, concessions or incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing.
Ordinance No. 2024-228 Page 2
6. Government Code Section 65915 requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law, and State Density Bonus Law is frequently amended by the California Legislature.
Section 9-1-37 of the Laguna Niguel Municipal Code ("LNMC") contains the City's regulations implementing State Density Bonus Law, and the City desires to remain in compliance.
In 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 ("AB 101"), adding Article 12 to Chapter 3 of the California Government Code (commencing with section 65660). Among other things, AB 101 requires cities to permit specified low barrier navigation centers by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed.
9. The LNMC does not explicitly provide land use or zoning regulations to address low barrier navigation centers, as permitted by AB 101.
10. As part of the State's targets to significantly accelerate the use of zero-emission vehicles by 2035, in 2015, the California Legislature adopted Assembly Bill No. 1236 ("AB 1236"), adding Section 65850.7 to the Government Code, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations.
11. In 2018, the City adopted Ordinance No. 2018-193 adding Article 12 of Title 8 ("the Building Code") to the LNMC establishing provisions for electric vehicle charging station permits.
12. In 2021, the California Legislature adopted Assembly Bill No. 970 ("AB 970) to update the requirements set forth in Government Code Section 65850.7 and adding a new Government Code Section 65850.71 pertaining to the processing of electric vehicle charging system applications.
13. The City desires to update the LNMC in accordance with AB 970 pertaining to the permitting and review of electric vehicle charging stations.
14. The proposed Zoning Code Amendment 24-01 (hereinafter "ZCA 24-01") is designed to amend various sections of the LNMC, ensuring compliance with state law by addressing several state mandates relating to housing and land use, as outlined in the preceding recitals and accompanying staff report.
15. On March 26, 2024 the Planning Commission held a duly noticed public hearing to consider the Ordinance, at which time the Planning Commission considered all evidence presented by City staff and other interested parties;
16. Following the public hearing, the Planning Commission adopted Resolution No. 24-02 recommending that the City Council adopt the Ordinance.
Ordinance No. 2024-228 Page 3
17. 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 was advertised in the Orange County Register - Laguna Niguel News in accordance with Government Code Section 65091(a)(4) for projects affecting over 1,000 property owners. A notice was also posted at City Hall and was made available on the City's website.
18. 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.
19. The City Council finds that the Ordinance is consistent with the goals, objectives, and policies of the General Plan, including:
Housing Element, Goal 1, Policy 1.4, states the City will "support innovative public, private, and non-profit efforts in the development of affordable housing, particularly for special needs groups." The proposed amendments would bring consistency between the Zoning Ordinance and recent State housing mandates aimed at increasing affordable housing production.
Housing Element, Goal 2, Policy 2.3, states the City will "ensure that City land use and housing policies and regulations do not create unreasonable barriers to housing and housing support services to special needs population groups such as the elderly, families with children, persons with disabilities, and the mentally ill" The proposed ordinance advances this Housing Element goal as it provides expanded opportunities to develop emergency shelters, transitional and supportive housing, low barrier navigation centers, and group homes in
amendments would allow these uses by-right in multiple zoning districts through a ministerial, administrative review process. Therefore, the proposed ordinance facilitates the development of a variety of housing opportunities to accommodate the needs of persons from all population groups.
Public Facilities Element, Goal 8, states "the City should provide for efficient development and the use of modern technologies to minimize energy demand and consumption," and this is, in part, achieved through Policy 8.1 whereby the City will "encourage development that minimizes net energy use and consumption of natural resources." The proposed ordinance would streamline the permit review process for EV charging stations, thereby encouraging the development of green infrastructure and furthering the City's commitment to fostering sustainable development practices and technologies that are both energy-efficient and resource-conserving.
Ordinance No. 2024-228 Page 4
20. The City Council finds that the Ordinance would not be detrimental to the public health, safety, or general welfare of the City in that it will amend various sections of the Laguna Niguel Municipal Code to align with current state land use and housing laws. The proposed amendments are consistent with the General Plan, Housing Element, and other regulations. Amending the Municipal Code aligns local regulations with state laws, thereby eliminating potential conflicts. Additionally, the adoption of local review procedures and city-specific objective development standards will enable the City to utilize its land use discretion and provide added local oversight for applications that are preempted by state law. Therefore, the proposed Ordinance will not adversely affect public health, safety, and general welfare.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Based on the whole record before it, the City Council finds that the adoption of this Ordinance (i.e., 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 is thus not a "project" under State CEQA Guidelines 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Here, the code amendments do not constitute a project subject to CEQA because they ensure that the City's standards and permitting requirements are consistent with state law and fair housing laws, as required by HCD. The code amendments merely codify these requirements in the LNMC. Additionally, the code amendments are exempt from CEQA under Section 15061(b)(3) of the State CEQA Guidelines, 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. Here, there is no possibility that the code amendments may have a significant effect on the environment because they merely amend the LNMC to be consistent with state law and fair housing laws, which are already binding on the City.
SECTION 3. ZONING CODE AMENDMENTS.
Based on the entire record before the City Council, all written and oral evidence presented to the Council, the Planning Commission's recommendation, and the findings made in the staff report and this Ordinance, the City Council of the City of Laguna Niguel hereby adopts Zoning Code Amendment ("ZCA") 24-01 as provided in the attached "Exhibit 1."
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.
Ordinance No. 2024-228 Page 5
SECTION 5. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.
SECTION Z. 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 at a regular meeting of the City Council of the City of Laguna Niguel this 21st day of May 21, 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa Asistin, City Clerk
Exhibit 1: Zoning Code Amendment (ZCA) 24-01
EXHIBIT 1
Zoning Code Amendment (ZCA) 24-01
EXHIBIT 1: Zoning Code Amendment (ZCA) 24-01
Amend Title 8, Division 1, Article 12. Article 12. - Electric Vehicle Charging Stations Permit, within Division 1 - Buildings and Construction Generally, of Title 8 - Building Regulations of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
Sec. 8-1-1007. Purpose.
The purpose of this article is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle (EV") charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Sections 65850.7 and 65850.71, including successor statutes and amendments thereto.
Sec. 8-1-1008. Applicability.
(a) This article applies to the permitting of all electric vehicle charging station systems in the City, as that term is defined in this article.
(b) Electric vehicle charging station systems legally established or permitted prior to Routine operation and maintenance or like-kind replacements of electric vehicle charging stations shall not require a permit.
(c) Electric vehicle charging stations shall comply with the design and development standards established in Section 9-1-67 of this Code.
(d) Should this Article conflict with any permit processing requirements specified in any other chapter of the Laguna Niguel Municipal Code, this Article shall take precedence.
Sec. 8-1-1009. Definitions.
The following words and phrases as used in this Article are defined as follows:
Building Department means the Building and Safety Division of the Community Development Department for the City of Laguna Niguel.
Building Official means the Building Official for the City of Laguna Niguel.
City means the City of Laguna Niguel.
Electric vehicle charging station or charging station means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, or any successor regulation, and delivers electricity from source outside an electric vehicle into a plug-in electric vehicle.
Electronic submittal means the utilization of one or more of the following:
(1) Email;
(2) The Internet; or
3) Online permit portal.
rse ible method mans any de, bud to not imited to nigate reei metin. adverse impact, which may include,
condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Sec. 8-1-1010. Electric vehicle charging station system requirements. (a) All electric vehicle charging station systems shall meet applicable health and safety standards and requirements imposed by the city, local fire department (Orange County Fire Authority), and the State of California.
(b) Electric vehicle charging station systems shall meet all applicable safety and Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
(c) Installation of EV charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (d) Installation of EV charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. EV charging equipment shall be considered a continuous load.
(e) Anchorage of either floor-mounted or wall-mounted EV charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions.
Mounting of charging stations shall not adversely affect building elements.
Sec. 8-1-1011. Permit applications and submittal requirements. (a) All documents required for the submission of an electric vehicle charging station application, including the checklist of submittal requirements for expedited review, shall be made available on the City's website and made available during business hours at the Building Department.
(b) Electronic submittal of the required permit application and associated supporting documents by electronic means shall be made available to all electric vehicle charging station permit applicants.
(c) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(d) Prior to submitting an application for processing, the applicant shall verify that the installation of an EV charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
Sec. 8-1-1012. Permit review and issuance.
(a) The Building Division shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The City's adopted checklist shall be published on the City's website.
(b) An application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Division that the application and supporting documents meet the requirements of the City's checklist, and is consistent with all applicable laws and health and safety standards, the Building Division shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the EV charging station until approval is granted by the City. (c) If an application for an electric vehicle charging station is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission. (d) Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority
life-safety situations. If the Building Official finds, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health and safety, the City may require the applicant to apply for a minor use permit.
(e) If a minor use permit is required, the City may not deny an application for an electric vehicle charging station minor use permit unless the City makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such finding shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the Planning Commission in accordance with Section 9-1-112 of this Code.
(f) Any conditions imposed on an application to install electric vehicle charging station system shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(g) The City shall not condition approval of an electric vehicle charging station system permit on the approval of an association, as defined in Section 4080 of the Civil Code, that manages a common interest development.
LNMC Section 9-1-32 Amendment. Section 9-1-32 (Permitted uses), Table 3.1:
Permitted Residential Uses, of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
Table 3.1: PERMITTED RESIDENTIAL USES
P= Permitted use DISTRICT
T= Temporary use
permit
A = Accessory use
M= Minor use permit
U= Use permit
X= Prohibited use
H= Home occupation
permit
LAND USE RS-1 RS-2 RS- RP RA RM
Rural Residen- 3/RS-4 Planned Attached Multi-
residential Single- residen- residen- family
tial estate family tial tial
RESIDENTIAL USES
* * *
Transitional and Permitted in accordance with Section 9-1-35.28 Supportive Housing
***
Group Home | Permitted in accordance with Section 9-1-38 ***
LNMC Section 9-1-35.28 Addition. Section 9-1-35.28. (Transitional and supportive housing) of the Laguna Niguel Municipal Code is hereby added to read in its entirety as follows:
Sec. 9-1-35.28. Transitional and supportive housing.
(a) Transitional housing. In accordance with Government Code Section 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
(b) Supportive housing.
(1) Generally. In accordance with Government Code Section 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
(2) In zones allowing multifamily. Supportive housing that complies with the requirements of California Government Code Section 65650 et seq. is including mixed-use zones. In accordance with Government Code Section 65651(b)(1), a supportive housing development must comply with all development standards and policies that apply to other multifamily i standards developments within the same zone, unless preempted by state law.
LNMC Section 9-1-37 Amendment. Section 9-1-37 (Density bonuses for affordable housing), of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
Sec. 9-1-37. Density bonuses and related affordable housing incentives.
The density bonuses and related affordable housing incentives required by state law, including but not limited to Government Code Section 65915 et seq., are available to applicants on the terms and conditions specified in state law.
LNMC Section 9-1-38 Amendment. Section 9-1-38 of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
Sec. 9-1-38. Group homes.
(a) Purpose. The purposes of this section are to further the purposes of state and federal disability and fair-housing laws by, among other things: accommodating the needs of the disabled in a manner that is reasonable and that facilitates the use and enjoyment of a dwelling the same as for non-disabled individuals; and to provide living environments that will enhance the opportunity for the disabled. (b) Standards for group homes. Group homes, which are distinguished from other boarding houses by the disabled status of their clientele, are permitted in all zones that allow residential uses subject to the following:
(1) Structure. The structure in which and the lot on which a group home is established must comply with all standards that apply to a residential dwelling structure and lot in the same zone.
(2) Group home permit. An application for a ministerial, streamlined administrative permit is submitted to the Community Development Director or designee by the property owner and, if the owner is not also the operator, by the operator of the group home. The application must provide the following:
a. The name, address, phone number, and driver's license number of the property owner, operator, and house manager.
b. A copy of the group home rules and regulations, the maximum number of occupants (may not exceed two persons per legal bedroom, including the house manager), intake procedures, and relapse policy.
c. A signed and notarized copy of the City's resident verification form, including affirmation by the operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home.
d. If the operator is not the property owner, a signed and notarized copy of the City's property owner consent form for operation of a group home at the property.
e. Blank copies of all forms that all residents and potential residents are required to complete.
f. A fee for the cost of processing the application as set by Resolution of the City Council.
g. No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible to for updating any of this information to keep it current. h. A detailed and labeled floor plan that clearly shows all bedrooms and areas intended for common use.
***
LNMC Section 9-1-42 Amendment. Section 9-1-42 (Permitted uses), Table 4.1:
Permitted Nonresidential and Mixed Uses, of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
P= Permitted DISTRICT
use
T= Temporary
use permit
A= Accessory
use
M= Minor use
permit
U= Use permit
X= Prohibited
use
LAND USE CN CC cO MU-TC
Neighb Community Office Mixed-Use
orhood Comral. Comral. Park Town
Comrol. tional Center
***
RESIDENTIAL, LODGING, AND CHILDCARE USES
**
Group Home [Permitted in accordance with Section 9-1-38 ***
Emergency P P P P P
subers
Section 9-1-
45.27 Transitional Permitted in accordance with Section 9-1-35.28 and Supportive
Housing
Low Barrier Permitted in accordance with Section 9-1-45.28 Navigation
Centers
***
LNMC Section 9-1-45.27 Addition. Section 9-1-45.27. (Emergency Shelters) of the Laguna Niguel Municipal Code is hereby added to read in its entirety as follows:
Sec. 9-1-45.27. Emergency Shelters
(a) Purpose and Intent. The overall design, construction, appearance, operation and maintenance of the emergency shelter facility should provide an environment that is safe, secure, functional, and compatible with the surrounding community (b) Requirements: The emergency shelter shall comply with the following:
(1) Structure. The structure in which and the lot on which an emergency shelter is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law.
(2) Emergency shelter permit. A ministerial, streamlined administrative permit is required to operate an emergency shelter under this section. The applicant must complete the form provided by the City and pay the fee to cover the City's cost of processing the application and administering the permit program as established by Council resolution.
(3) Maximum number of persons/beds. The shelter may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the shelter may serve no more than the number of persons required by state law.
(4) Parking ratio. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be supplied at a ratio of not less than one space for ever molovee in the largest shift
(5) Management and operational standards. Emergency shelters shall be managed and operated in conformance with the following objective standards:
a. No shelter is permitted within 300 feet of another.
b. No resident may stay for more than 180 nights in a calendar year. c. Hours of Operation. The emergency shelter may only operate between 5:00 p.m. and 8:00 a.m. daily.
d. The emergency shelter shall provide the following mandatory facilities: a separate interior intake area of no less than 250 square feet; an exterior on- site waiting area of no less than 200 square feet and screened from all public right-of-way areas with landscaping to the extent feasible; office areas for administrative purposes; restrooms; and general storage. e. Lighting. Outdoor lighting shall be provided in active pedestrian areas, including sidewalks, pathways, and driveways. All lighting must be stationary and permanent. Outdoor lighting must otherwise comply with all applicable general standards set forth in Section 9-1-45.14. f. Onsite facility management shall include the following:
i. The facility shall prepare and file a management plan with the City that includes operational rules and standards, including, but not limited to, provisions for staff training; neighborhood outreach; screening of residents; eligibility and admission procedures; operating schedule; rules regarding smoking, access to the facility, visitors, and guests; and a written policy outlining the consequences of rules and violations.
ii. There shall be at least one qualified on-site manager and one security guard for every 10 occupants during all hours when the emergency shelter is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards.
ili. The facility shall clearly post written eligibility and admission policies and procedures as well as dates, times, and services available, and shall make a copy available for inspection by the City or any member of the public upon request.
LNMC Section 9-1-45.28 Addition. Section 9-1-45.28. (Low Barrier Navigation Centers) of the Laguna Niguel Municipal Code is hereby added to read in its entirety as follows:
Sec. 9-1-45.28. Low Barrier Navigation Centers
(a) Purpose. The purpose of this section is to comply with California Government Code Section 65660 et seq. regarding Low Barrier Navigation Centers (hereafter referred to as "LBNCs," and each singularly an "LBNC"). (b) Allowed zones. LBNCs that comply with the provisions of subsection (c) below are permitted by right in areas that are zoned for mixed use and in nonresidential zones that permit multifamily uses.
(c) Operational and development standards. LBNCs must comply with all of the following:
(1) Structure. The structure in which and the lot on which an LBNC is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law.
(2) Streamlined administrative review procedures. A streamlined administrative LBNC permit is required to establish or operate an LBNC. An application for an LBNC permit is reviewed and processed ministerially, without discretionary review or a hearing. The Director of Community Development or the Director's designee will notify an applicant whether the application is complete within 30 days of submittal. Action on the application be taken within 60 days of when the application is determined to be complete.
a. Separation. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC or emergency shelter. b. Operational services. As required by Government Code Section 65662, each LBNC must satisfy each of the following:
i. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
ii. It links to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to
permanent housing. "Coordinated entry system" means a
centralized or coordinated assessment system developed
pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the State Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
ili. It complies Chapter 6.5 (commencing with Section 8255) of Division 8 of the State Welfare and Institutions Code.
iv. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the State Code of Federal Regulations.
c. On-site personnel. There shall be at least one qualified on-site manager and one security guard for every 10 occupants during all hours when the
LBNC is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards. d. Maximum number of persons/beds. The LBNC may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the LBNC may serve no more than the number of persons required by state law.
(d) Sunset.
(1) Subject to subsection (E)(2) below, this section remains in effect until January 1, 2027, and as of that date is repealed.
(2) If the Legislature amends Government Code Section 65668 to extend the effective date of Government Code Section 65660 et seq., then this section remains in effect until the date on which Government Code Section 65660 et seq. is repealed.
LNMC Section 9-1-55.5 Addition. Section 9-1-55.5. (Housing Element Site Inventory) of the Laguna Niguel Municipal Code is hereby added to read in its entirety as follows:
Sec. 9-1-55.5. Housing Element Site Inventory
(a) Purpose. The purpose of this section is to codify the statutory requirements found in California Government Code Section 65583.2(c) that apply to sites identified in Appendix B of the City of Laguna Niguel's Housing Element Residential Land Inventory. The Housing Element Site Inventory includes a list of potential sites to accommodate a portion of the City's unmet Regional Housing Needs Allocation ('RHNA)."
(b) Applicability. This section applies to any vacant site identified in two or more consecutive Housing Element planning periods or nonvacant sites identified in a prior planning period to accommodate the lower-income RHNA provided that at least 20% of the dwelling units are available to lower-income households. (c) Relationship to other regulations. Residential development eligible under subsection (b) shall also comply with Title 9, including, but not limited to, applicable standards within the underlying zoning district and obiective development anc design standards in accordance with Section 9-1-95 of this Code. Where there is a conflict between the requirements in the Zoning Code and this section, this section prevails.
(d) Residential development eligible under subsection (b) shall comply with the following additional standards:
(1) The minimum residential density is 30 dwelling units per net acre; (2) Owner-occupied and rental multifamily residential uses are permitted by right and do not require a discretionary review or approval for residential developments in which 20% or more of the units are affordable to lower income households (as defined by Health and Safety Code Section 50079.5); (3) An applicant for a project under this section may apply for a density bonus in accordance with Government Code Section 65915 and Section 9-1-37 of this Code.
LNMC Section 9-1-67 Amendment. Section 9-1-67 (Electric vehicle charging stations), of the Laguna Niguel Municipal Code is hereby amended to read in its entirety as follows:
Sec. 9-1-67. Electric vehicle charging stations
(a) An application for the installation of electric vehicle charging stations shall be processed, reviewed, and permitted in accordance with Title 8 - Building Regulations, Division 1, Article 12 of this Code.
(b) Each EV charging space provided in a parking area counts as one space toward the minimum number of parking spaces required in Sections 9-1-63 and 9-1-65, provided that each EV charging space complies with the following design and development standards:
(1) Each EV charging space shall include a posted sign and painted curb, or ground markings, indicating that the space is exclusively for EV charging purposes.
(2) EV charging equipment shall not obstruct any Americans with Disabilities Act (ADA) compliant sidewalk, entrance, curb-cut, or ramp, while in use or otherwise.
(3) Sufficient lighting shall be provided, at a minimum illumination level of two (2) footcandles (fc) and a maximum of three (3) fc, to enable the EV charging equipment to be used at night. The lighting height and shielding shall conform to LNMC Sections 9-1-45.14(2) and (4), respectively.
(4) The EV charging station shall not exceed a maximum height of eight (8) feet tall and maximum width of four (4) feet.
(5) All cables and conduits shall be installed, laid, or otherwise placed beneath the ground surface. Above-ground cables and conduits are prohibited.
(6) EV charging equipment shall be free of any commercial signage, animated or flashing screens, or other displays utilized for advertising purposes. (7) EV charging stations, including dispensers and ancillary equipment, shall comply with the following location and aesthetic requirements:
i. EV charging stations shall be installed, located, or otherwise positioned in such a manner as to ensure that they are not visibly obtrusive as viewed from any public rights-of-way, including public streets and sidewalks.
її. Ground equipment shall be fully concealed within a solid wall enclosure that is located outside of the designated boundary landscape areas and painted and designed in a manner that complements and harmonizes with the adjacent building structures. Small ground equipment, less than 20 square feet in footprint area and not exceeding a maximum height of four feet, shall be exempt from the requirement to be concealed within an enclosure. The square footage of the equipment footprint area shall be calculated by drawing a single contiguous shape around all proposed ground equipment.
The applicant may propose an alternative to the wall enclosure for screening purposes, subject to the approval of the Community Development Director. Such a request may be considered when it is assessed that the dimensions or location of the wall enclosure could result in increased visual intrusion, and diligent efforts are made to conceal or visually minimize ground equipment through alternative screening measures.
Added Definitions to LNMC Section 9-1-142. The following definitions are hereby added to Section 9-1-142 (Definitions) of the Laguna Niguel Municipal Code to read as follows:
Emergency shelter is defined by California Health and Safety Code Section 50801(e) as housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied access to an emergency shelter because of an inability to pay. Should this Code's definition conflict with Health and Safety Code Section 50801(e), the Health and Safety Code definition prevails.
Low barrier navigation center is defined by California Government Code Section 65660(a) as a housing-first, , low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 'Low barrier' means best practices to reduce
barriers to entry, including, without limitation: allowing pets, permitting partners to share living space, and providing storage for residents' possessions. Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Supportive housing is defined by California Government Code Section 65650(a) that is linked to on-site or off-site services that assist the supportive housing resident in and, when possible, work in the community. Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Transitional housing is defined by California Government Code Section 65582(i) as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Amended Definition to LNMC Section 9-1-142. The following definition is hereby amended to Section 9-1-142 (Definitions) of the Laguna Niguel Municipal Code to read as follows:
Managed care facility or project means and includes the following:
(1) Assisted living facilities. Facilities providing care on a monthly basis or longer which are the primary residence of the people served. Such facilities provide services to residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such facilities may be located in more than one building and/or on contiguous parcels within the building site.
(2) Convalescent hospitals. Facilities licensed by the state department of health services which provide bed and ambulatory care for seven or more patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A "convalescent hospital" may also be known as a nursing home, convalescent home, rest home, or home for the aged.
(3) Residential care facilities. Facilities licensed by the state to provide living and treatment facilities on a monthly or longer basis for seven or more of the following: wards of the juvenile court, elderly persons, mentally disordered persons, developmentally
disabled persons, persons undergoing treatment for alcohol or drug abuse, handicapped persons, or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law.
Laguna Niguel Gateway Specific Plan. Table 4-1 (Allowable Land Uses and Permitting Requirements, Laguna Niguel Gateway Zones) on page 4-9 within Chapter 4 of the Gateway Specific Plan is hereby amended to read as follows:
TABLE 4-1 Allowable Land Uses and Permitting Requirements, Laguna Niguel Gateway Zones KEY: P = Permitted Use A = Accessory Use U = Use Permit NI = Minor Use Permit T = Temporary Use Permit 1 = Prohibited Use
Permit Required by Zone
Land Use Type RC BP CS MU OS
Residential, Lodging, and Group Care Facilities
Emergency shelters P P P
Permitted in accordance with §9-1-38 of the Laguna Niguel Group homes Municipal Code
Permitted in accordance with §9-1-45.28 of the Laguna Niguel Low barrier navigation centers Municipal Code
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a. Defined as retail stores under 10.000 sf selling primarily food, beer, wine, and beverage items for oif-site consumption, but not distilled spirits o. Defined as retail stores selling primarily food, beer, wine, distilled spirits, and other beverages, plus some food items, all for off-site consumption
c. Offices for physicians, dentists, optometrists, chiropractors, physical therapists, and similar practitioners d. Property must also be within AB (Adult Business) overlay district per §9-1-54.4 of the Laguna Niguel Municipal Code