CITY OF LAGUNA NIGUEL
CIty CouncIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: January 21, 2025
SUBJECT: Second Reading and Adoption of 1) Ordinance No. 2024-232 Adopting Zoning Code Amendment ZCA 24-1001 Amending Regulations Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units to Conform with Revisions to State Law and 2) Ordinance No. 2024-233 Adopting Zoning Code Amendment ZCA 24-1002 Amending Various Sections of the Gateway Specific Plan to Address Several State Mandates.
RECOMMENDATION
1. Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-232:
ORDINANCE NO. 2024-232
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT ZCA 24-1001 AMENDING REGULATIONS
PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO CONFORM WITH REVISIONS TO STATE LAW; AND
DETERMINING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES
SECTIONS 15060(C)(2), 15060(C)(3), 15061(B)(3), AND PUBLIC RESOURCES CODE SECTION 21080.17.
2. Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-233:
ORDINANCE NO. 2024-233
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT (ZCA) 24-1002 AMENDING VARIOUS SECTIONS OF THE GATEWAY SPECIFIC PLAN TO ADDRESS SEVERAL STATE 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 December 17, 2024, as part of a duly held public hearing, the City Council conducted the first reading, by title only, of Ordinance No. 2024-232 (Attachment A). This ordinance entails the adoption of Zoning Code Amendment ZCA 24-1001 amending regulations pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to conform with revisions to state law. Additionally, the City Council conducted first reading, by title only, of Ordinance No. 2024-233 (Attachment B). This ordinance entails the adoption of Zoning Code Amendment ZCA 24-1002 amending various sections of the Gateway Specific Plan (GSP) to address several state mandates. At the meeting, the City Council unanimously approved both of the proposed ordinances. The City Council further directed that the ordinances be placed on the January 21, 2025, City Council agenda for second reading and adoption.
ANALYSIS
Zoning Code Amendment ZCA 24-1001 proposes text changes to the Laguna Niguel Municipal Code (LNMC) ADU and JADU provisions to address the State of California Housing and Community Development's (HCD's) comments and three new ADU/JADU bills, effective January 1, 2025. Zoning Code Amendment ZCA 24-1002 proposes text changes to the GSP density and public benefit provisions in response to Housing Element Action 3.2, which states the City will evaluate and amend the GSP to mandate that any public benefit to achieve a density of higher than 50 du/ac shall include a provision of affordable housing.
ENVIRONMENTAL REVIEW
Adoption of ZCA 24-1001 and ZCA 24-1002 are not subject to the provisions of CEQA because they are administrative activities that will not result in a direct or reasonably foreseeable indirect physical change to the environment and are 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 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 and GSP to be consistent with state law and fair housing laws, which are already binding on the City. Moreover, Zoning Code Amendment ZCA 24-1001 is statutorily exempt from CEQA under Public Resources Code section 21080.17 because under section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. This ordinance implements state ADU law, so adoption of the proposed ordinance is statutorily exempt.
ALTERNATIVES CONSIDERED
The City Council may decide not to adopt Ordinance No. 2023-232 and Ordinance No. 2024-233, and the existing LNMC and GSP 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 revised ordinances 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. 2024-232 and Ordinance No. 2024-233.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and corresponding Ordinance as to form and content.
CONCLUSION
1. Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-232:
ORDINANCE NO. 2024-232
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT ZCA 24-1001 AMENDING REGULATIONS
PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO CONFORM WITH REVISIONS TO STATE LAW; AND
DETERMINING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES
SECTIONS 15060(C)(2), 15060(C)(3), 15061(B)(3), AND PUBLIC RESOURCES CODE SECTION 21080.17.
2. Staff recommends that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2024-233:
ORDINANCE NO. 2024-233
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT (ZCA) 24-1002 AMENDING VARIOUS SECTIONS OF THE GATEWAY SPECIFIC PLAN TO ADDRESS SEVERAL STATE 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).
Samar la tousan Yes Anita
Tamara S. Letourneau Scott C. Smith
City Manager City Attorney
rilla Glen
Jonathan Orduna John Morgan
Community Development Director Deputy Community Development Director rica Roess
rica Roes
Senior Planner
Attachments:
A. Ordinance No. 2024-232
Exhibit 1 - Zoning Code Amendment ZCA 24-1001
B. Ordinance No. 2024-233
Exhibit 1 - Zoning Code Amendment ZCA 24-1002
ATTACHMENT A
Ordinance No. 2024-232
ORDINANCE NO. 2024-232
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 24-1001 AMENDING
REGULATIONS PERTAINING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS TO CONFORM WITH
REVISIONS TO STATE LAW; AND DETERMINING THE ACTION TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER STATE CEQA GUIDELINES SECTIONS 15060(C)(2), 15060(C)(3), 15061(B)(3), AND PUBLIC RESOURCES CODE SECTION 21080.17.
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.
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.
2. 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.
Section 9-1-35.26 and 9-1-35.27 of the Laguna Niguel Municipal Code ("LNMC") contains the City's regulations implementing ADU/JADU Law, and the City desires to remain in compliance.
6. The proposed Zoning Code Amendment 24-1001 (hereinafter "ZCA 24-1001") is designed to amend 9-1-35.26 and 9-1-35.27 of the LNMC, ensuring compliance with state law by, as outlined in the preceding recitals and accompanying staff report.
Ordinance No. 2024-232 Page 2
On November 12, 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; Following the public hearing, the Planning Commission adopted Resolution No. 24-08, recommending that the City Council adopt the Ordinance.
On December 5, 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.
10. On December 17, 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.
11. The City Council finds that the Ordinance is consistent with the goals, objectives, and policies of the General Plan, including:
Land Use Element, Policy 1.1, which states that the City will "encourage the development of land uses that contribute to the goal of a well-balanced community," in that the proposed amendments are composed of updates to zoning provisions that would benefit from additional clarity or refined regulations, and revisions to be consistent with current state Law. State Law requires that the City deem ADUs to be a "residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).
12. The City Council finds that the Ordinance would not be detrimental to the City's public health, safety, or general welfare 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. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that they will merely amend the NMC to be consistent with state law and fair housing laws. Therefore, the proposed zoning code amendments will not adversely affect public health, safety, or 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 24-1001) is statutorily exempt from the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under Public Resources Code section 21080.17 and CEQA Guidelines Section 15282(h), which provide that the adoption of an ordinance regarding ADUs by a city to implement Government Code Section 65852.2 is Ordinance No. 2024-232 Page 3
statutorily exempt from CEQA. The Planning Commission is recommending that the City Council adopt an ordinance that implements Government Code Section 65852.2 and therefore is statutorily exempt. In addition, Pursuant to Section 15061(b)(3) of the CEQA Guidelines, ZCA 24-1001 is exempt from CEQA. The proposed amendment to the LNZC does not have the potential to significantly affect the environment. The proposed amendment does not significantly increase the potential (in manner or degree) for future development, beyond what is currently permitted by the LNZC. Moreover, Zoning Code Amendment ZCA 24-1001 is statutorily exempt from CEQA under Public Resources Code section 21080.17 because under section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. And this ordinance implements state ADU law, so adoption of the proposed ordinance is statutorily exempt.
Therefore, the project would not result in a direct or reasonably foreseeable indirect physical change in the environment.
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 tindings made in the statt report and this Ordinance, the City Council of the City of Laguna Niguel hereby adopts Zoning Code Amendment ("ZCA") 24-1001 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.
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.
Ordinance No. 2024-232 Page 4
SECTION 7. 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 anc 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 on January 21, 2025.
Ray Gennawey, Mayor
Marissa Asistin, City Clerk
Exhibit 1: Zoning Code Amendment (ZCA) 24-1001
Section 9-1-35.26. Accessory Dwelling Unit (ADU).
(a) Purpose. This section provides standards and criteria for the establishment of ADUs within residential districts consistent with California Government Code Section 66314 and shall be so construed.
(b) Permit Required. ADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Section 66314, and shall require a building permit.
(C) Limitations. Improvements (including, but not limited to garages, retaining walls, etc.) that are not necessary for the physical construction of an ADU may be subject to a discretionary permit and/or public hearing, if required by Title 9 of the Municipal Code.
(d) Development Standards. The development standards set forth below shall apply to all ADUs. In addition, for any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.
(1) Zoning. ADUs shall be allowed in all zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages in accordance with Government Code Section 66314.
2) Sale and Rental of Units. Except as required in Government Code Section 66341, an ADU shall not be sold separately from the primary dwelling unit, and shall not be rented for a period of less than thirty (30) consecutive days, short-term rentals are not permitted.
(3) Number of Units Allowed
a) Single Family Residential Zoning Districts. In single-family residential zoning districts, an applicant shall be allowed to construct one (1) new construction detached or attached ADU per lot, and convert existing space into one (1) ADU. In addition to the two (2) ADUS allowed in this Section, an applicant may also construct one (1) Junior Accessory Dwelling Unit (JADU) so long as it complies with Section 9-1-35.27.
b) Multi-Family Zoning Districts.
1. Converted Multi-Family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with California Building Code Standards for dwellings. At least one converted ADU is allowed within an existing multi-family dwelling structure, up to a quantity equal to 25 percent of the existing multi-family dwelling units within the existing structure.
2. Limited Detached ADUs on a Multi-Family Lot. No more than two (2) detached ADUs are permitted on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisties al of the following
i) The side- and rear-yard ADU setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii) The peak height above grade does not exceed the
applicable height limit provided in subsection (5).
iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary
dwelling units on the lot.
(4) Setbacks.
a) Attached or detached ADUs shall comply with the front yard setback requirement for the underlying zone. Exception: If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b) Attached or detached ADUs shall have a minimum four (4) foot side and rear yard setback. Exception: No setback shall be required for the conversion of an existing permitted living area, accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. 2 c) Setbacks from slopes. Lots that have slopes that are 2:1 or steeper and over ten feet in height, shall setback structures in compliance with Section 9-1-33.6, Setbacks from Slopes.
(5) Height.
a) Except as otherwise provided by subsections (5)(b) or (5)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection (5)(d) may not exceed two stories.
(6) Unit Size. The maximum size of an attached or detached ADU shall be limited to 850 square feet for units with zero to one bedrooms, and 1,000 square feet for units with two or more bedrooms. Notwithstanding the foregoing, in no event shall the square footage of an attached ADU exceed fifty percent (50%) of the habitable area of the existing primary residence or 800 square feet, whichever is less restrictive.
(7) Lot Coverage and Floor Area Ratio (FAR). All ADUs shall be subject to the applicable lot coverage and FAR requirements of the underlying zoning district, unless the application of such requirements would prevent the development of an ADU that is a minimum of 800 square feet in size, meets applicable height requirements per subsection (d) (4) of this section, and meets the four-foot side and rear yard setbacks.
(8) Parking.
3 a) A maximum of one (1) parking space shall be required for each accessory dwelling unit. Exceptions, no additional parking shall be required for the following:
1. ADUs converted as part of a proposed or existing space of a principal residence or within an existing accessory
structure.
2. ADUs located within one-half mile walking distance of public transit.
3. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single- family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
b) When a parking space is required for an ADU, the parking may be provided as tandem parking and/or located on an existing driveway that is at a minimum 20 feet in length.
(9) Access. All ADUs are required to have separate exterior access from the primary residence.
(10) Fire Sprinklers. Fire sprinklers shall not be required for any attached or detached ADU, unless required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(11) Building Separation. An attached or detached ADU shall be subject to the building separation requirements of the Fire Safety and California Building Code requirements.
(12) Conversions on Single-Family Lots.
a) Legally Existing Structures. Legally existing detached accessory structures which do not meet the minimum setbacks requirements of 4 subsection (4), may be converted to an ADU, subject to the approval of a building permit and compliance with Fire Safety/Building Code (California Government Code 66323. Pursuant to state law, an applicant may expand the accessory structure by 150 feet beyond the physical dimensions of the existing accessory structure for the sole purpose of accommodating ingress and egress.
b) Existing Space in a Single-Family Dwelling. Legally constructed space within an existing single-family home that does not meet the minimum setbacks requirements of Subsection (4), may be converted to an ADU, subject to the approval of a building permit and compliance with this section, the Fire Safety/Building Code, and California Government Code 66323.
(13) Other Provisions.
a) All ADUs shall contain the necessary interior amenities, including an efficiency kitchen which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit
b) All ADUs must meet the requirements of the California Building/Residential Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
(14) Services, impact fees and utility connections.
a. ADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space meeting the requirements of Government Code Section 66323, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.
b. The owner of an ADU shall be subject to the payment of all sewer, water, and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
5 i. ADUs that are less than 750 square feet shall not be subject to impact fees.
ii. ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.
c. The City shall not issue a building permit for an ADU until the applicant provides a will serve letter from the local water and sewer provider.
(15) Fire safety requirements. The construction of all new ADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Codes.
(16) Ownership. Notwithstanding subsection (d)(2) above, no ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map. (17) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a ministerial ADU that would otherwise be permitted under this section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to ministerial ADUs within the applicable planned development district.
(18) Rental Terms. No ADU shall be rented for a term that is shorter than thirty- (30) days. This prohibition applies regardless of when the ADU was created.
(19) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
a) Generally. The City will not deny an ADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU.
b) Unpermitted ADUs constructed before 2020.
1. Permit to legalize. As required by State Law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
The ADU violates applicable building standards, or
6 The ADU does not comply with State ADU law or this ADU Ordinance.
2. Exceptions:
i) Notwithstanding subsection (19)(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
Subsection (19)(b)(1) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code section 17920.3
Section 9-1-35.27. Junior Accessory Dwelling Unit (JADU). (a) Purpose. This section provides standards and criteria for the establishment of JADUs within residential districts consistent with California Government Code Section 66333 and shall be so construed.
(b) Permit Required. JADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Sections 66333, and shall require a building permit.
(c) Development Standards. The development standards set forth in subsection (c) shall apply to all JADUs.
(1) Zoning. JADUs shall be permitted in Single-Family Residential Zoning Districts.
(2) Sale and Occupation of Units. The JADU shall not be sold separately from the primary dwelling unit. In addition, either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times, unless the property is owned by a government agency, land trust ol housing organization
(3) Deed Restriction. A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits stating that the JADU is subject to the requirements of this Section, shall not sold separately from the primary dwelling unit, shall not be rented for less than 30 consecutive days, and that either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times. (4) Number of Units Allowed. One (1) JADU shall be allowed to be converted or constructed within the walls of an existing or proposed primary residence. 7 In addition to the one (1) JADU allowed in this Section, an applicant may also have one ADU so long as it complies with the requirements of Section 9-1-35.26.
(5) Unit Size and Construction.
a. A JADU shall not exceed 500 square feet.
b. A JADU must be contained within the walls of an existing or proposed single-family dwelling. A JADU may be located within an attached garage. A JADU may be located on the second floor of an existing or proposed single-family dwelling.
c. All JADUs shall contain the necessary interior amenities, including an efficiency kitchen, which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) Sanitation facilities. JADUs shall provide sanitation facilities. The JADU can either provide its own separate full bathroom, or it may share sanitation facilities with the primary residence. If the JADU does not include its own separate full bathroom then it shall provide an interior entrance to the primary dwelling and provide clear and unobstructed access to the designated full bathroom.
(7) Access. All JADUs shall have exterior access separate from the main entrance to the primary residence. JADUs that share sanitation facilities with the primary residence shall also have interior access.
(8) Parking. No additional parking is required for a JADU. (9) Architectural Compatibility. Any new construction which provides exterior access shall match the style, color, and materials of the primary residential unit.
(10) Fire sprinklers. Fire sprinklers shall be required for a JADU, if they are required for the primary residence.
(11) All JADUs must meet the requirements of the California Building Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
8 (12) Services, impact fees and utility connections. JADUs are not subject to service fees, impact fees, or utility connection fees.
(13) Fire safety requirements. The construction of all new JADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Code.
(14) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a JADU that would otherwise be permitted under this Section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to JADUs within the applicable planned development district.
(15) Rental Terms. No JADU shall be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the JADU was created
(16) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
a) Generally. The City will not deny an JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the JADU.
b) Unpermitted JADUs constructed before 2020.
1. Permit to legalize. As required by State Law, the City may not deny a permit to legalize an existing but unpermitted JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i) The JADU violates applicable building standards, or
The JADU does not comply with State ADU law or this
JADU Ordinance.
2. Exceptions:
i) Notwithstanding subsection (19)(b)(1) above, the City may deny a permit to legalize an existing but unpermitted JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to 9 comply with the standards specified in California Health and Safety Code section 17920.3.
ii) Subsection (19)(b)(1) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code section 17920.3
Section 9-1-142. Definition of terms.
Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
10 ATTACHMENT B
Ordinance No. 2024-233
ORDINANCE NO. 2024-233
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT (ZCA) 24-1002 AMENDING VARIOUS SECTIONS OF THE GATEWAY SPECIFIC PLAN TO ADDRESS SEVERAL STATE 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.
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.
3. 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. The adopted Housing Element includes Action 3.2, which states: "The City will evaluate and amend the Gateway Specific Plan to mandate that any public benefit to achieve a density of higher than 50 du/ac shall include a provision of affordable housing."
The proposed Zoning Code Amendment 24-1002 (hereinafter "ZCA 24-1002) is designed to amend various sections of the Gateway Specific Plan, ensuring compliance with Housing Element Action 3.2.
On November 12, 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; Following the public hearing, the Planning Commission adopted Resolution No. 24-09, recommending that the City Council adopt the Ordinance.
Ordinance No. 2024-233 Page 2
8. On December 5, 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.
On December 17, 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.
10. 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, which 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 clarify the innovative Gateway Specific Plan Density Bonus Program, limiting the benefits to affordable housing to achieve densities exceeding 50 du/acre.
11. The City Council finds that the Ordinance would not be detrimental to the City's public health, safety, or general welfare 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. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that they will merely amend the Gateway Specific Plan to be consistent with state law and fair housing laws. Therefore, the proposed zoning code amendments will not adversely affect public health, safety, or 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 24-1002) 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 Gateway Specific Plan. 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 Ordinance No. 2024-233 Page 3
because they merely amend the Gateway Specific Plan 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") 24-1002 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.
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 7. 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.
Ordinance No. 2024-233 Page 4
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel on January 21, 2025.
Ray Gennawey, Mayor
ATTEST:
Marissa Asistin, City Clerk
Exhibit 1: Zoning Code Amendment (ZCA) 24-1002
CHAPTER 3 Policies and Development Plans
meeting rooms and day-care facilities may be integrated with these uses.
In recognition of the objective of creating a village that is urban in character, this area is designated for the highest densities permitted in the Gateway area. Density incentives are provided for the assembly of parcels for larger, cohesive projects and the provision of affordable housing (5% very low income or 10% low income). Minimum densities are also prescribed to assure that development reflects the intended high-density urban character for the Gateway area.
Buildings are envisioned to be constructed to the street-facing property lines to establish a common building wall with ground floor elevations designed to foster pedestrian activity. Restaurants and other outdoor retail uses may be located along the sidewalk frontages. Buildings will be oriented to Oso Creek and the pedestrian greenway, with the sidewalks and public spaces creating an outdoor living environment for residents, workers, customers, and transit-riders. Parking will be located to the rear of buildings or in structures not visible from the street.
F South Cabot. This District includes office and multi-family residential development and is located on Cabot Road, south of the SR-73. The District is isolated from the other Districts by Cabot Road and the SR-73. The area is currently developed with a six-story professional office building that provides a variety of employment opportunities to support the Gateway area and City.
The remaining property can accommodate high-density multi- family residential uses. These properties begin to support the critical mass of development needed to encourage future development in the other Districts.
Crown Valley Retail Commercial-Residential. Properties on the south side of the Crown Valley Parkway, between Cabot and Forbes Roads are intended for region-serving commercial and multi-family residential. Additional retail and/or mixed-use residential/ retail/office development may be in-filled on the Costco parking lots, provided that code-required parking spaces Retail and residential infill in are satisfied. Additional retail and/or mixed-use commercial center (Emeryville, CA). residential/retail/office may be located adjacent to Oso Creek.
Permitted development intensities are typical of those for sites developed regional-serving large format retail
establishments, as Costco, with modest intensification for one- or two-story smaller-scale retail buildings. Densities for multi-family 3-10 LAGUNA NIGUEL GATEWAY SPECIFIC PLAN
CHAPTER 3 Policies and Development Plans
residential uses are somewhat less than the maximums
prescribed for the -Villagel| and -Transit-Oriented Corridor in consideration of the configuration and limited access to this site.
New retail development would be oriented to sidewalks and public spaces and be designed to enhance pedestrian activity, in contrast with the existing —big box|| warehouse type structures.
Their ground floor elevations should be visually transparent and restaurants and other appropriate uses located on sidewalks along their frontage. A pedestrian walkway should be developed connecting the sites and bridge Oso Creek, providing access to the Transit-Oriented Mixed-Use Corridor.
HI Transit-Oriented Mixed-Use Corridor. The area extending along Forbes Road south of Crown Valley Parkway is physically suitable for development as a single-loaded corridor with high density development located on its east side. Oso Creek precludes development to the west. Like the "Village," the Plan allocates the highest density of development in the Gateway area to take advantage of its proximity to the Metrolink Station. The development of high-density, multi-family residential, offices, High-density mixed residential and retail commercial, mixed-use buildings with housing above office uses along transit corridors (Pearl District).
ground floor retail and office uses, and hotels is permitted in the corridor. Its northerly parcel at Crown Valley Parkway would be limited to office uses, with parcels extending to and beyond the Metrolink station developed for any of the permitted uses.
Properties abutting the transit station may be developed exclusively for retail uses serving local residents and transit users, which may also be located in the ground floor of buildings with housing on upper floors. The existing Metrolink parking lot and parcels south of the station could be developed with a parking structure in combination with other mixed-use structures.
Permitted development densities are equivalent to those specified for the "Village." Again, incentives for increased densities are available when a project provides-affordable housing (5% very High-density residential, office, and low income or 10% low income). Minimum densities for office, retail uses adjoining transit stations residential, and mixed-use buildings are established to (Pasadena Del Mar Station, Portland maximize use in proximity to the Metrolink transit station. Pearl District, and Emeryville Amtrak Station).
Buildings are envisioned to be constructed to the street-facing property lines to establish a common building wall with ground floor elevations designed to foster pedestrian
activity, comparable to the "Village." Restaurants and other outdoor retail uses may be located along the sidewalk
frontages. Buildings will be oriented to Oso Creek and the pedestrian greenway, with the sidewalks and public spaces creating an outdoor living
LAGUNA NIGUEL GATEWAY SPECIFIC PLAN 3-11
CHAPTER 4 Allowable Uses, Development Standards, and Guidelines hotel uses, or mix of these with retail commercial integrated into one or more building vertically or distributed horizontally on a single site.
The mix of uses will be unified by their urban form and relationship to street frontages and adjoining parcels. While more than one use may be located on any block within the zone, all buildings shall be placed on their lot, oriented to the street frontage, and designed to convey an urban character.
The development of office uses in the MU Zone is intended to provide employment opportunities for residents of Laguna Niguel and adjoining communities. Illustrative uses include medical offices, banking facilities, insurance sales, property management and leasing agencies, real estate sales, and professional offices for tenants such as architects, landscape architects, and software developers. Office uses must be developed in multi-story structures with FARs ranging between 0.5 and 1.0 with parking primarily Office building with retail shops located in structures, contributing to the intended urban character of located on the ground floor.
the Specific Plan area. Densities for office development may be increased to a maximum FAR of 2.0 in exchange for the provision of extraordinary benefits for the greater Gateway community.
Illustrative of these are the inclusion of community-serving meeting rooms and facilities, public parking exceeding project-related code requirements, and/or funding of non-project infrastructure and open space improvements.
The development of multi-family housing units in the MU Zone is intended to enable residents to live in proximity to their jobs, commercial services, and transit, thereby reducing automobile trips, commuting distances, and greenhouse gas emissions while improving their quality of life. These shall be located and designed to convey an -urban|| scale and character, typical of those found in city centers and at transit nodes. They shall be constructed at densities between 40 and 50 dwelling units per acre, and up to 120 dwelling units per acre in exchange for the provision of affordable housing (5% very low income or 10% low
income). Buildings may be constructed as mid-rise Class V structures. The units may be located on podiums above
parking decks or wrap around parking structures. It is
preferable that units be located along or no more than half a floor above the ground elevation. On-site resident-oriented recreational amenities and community facilities, such as meeting rooms, pools, spas, patios, may also be accommodated as ancillary uses in this zone.
4-6 LAGUNA NIGUEL GATEWAY SPECIFIC PLAN
CHAPTER 4 Allowable Uses, Development Standards, and Guidelines shall be reviewed with the Planning Commission and approved by the City Council as an amendment to the Specific Plan by the City Council.
4.3.5 Minimum and Maximum Densities
Densities that may be permitted for development within each Planning District and zone established by the Regulating Plan are specified in Section 4.4, Table 4-4 (Development Standards). All projects shall be limited to the baseline densities, and where indicated, conform to the minimum density requirement.
Specific projects may exceed the baseline densities, up Table 4.4's maximum of 120 dwelling units per acre if the project provides affordable housing (5% very low income or 10% low income). In accordance with Government Code
section 65915(n), the Gateway Specific Plan Density Bonus Maximum of up to 120 dwelling units per acre for the
provision of 5% very low income or 10% low income housing is a local regulation that grants a density bonus greater than is required by state law. Accordingly, applicants
seeking to exceed the applicable baseline density limit in exchange for providing very low income or low income units must choose whether to receive a density bonus under the Gateway Specific Plan or Government Code section 65915, but not both.
4.4 DEVELOPMENT STANDARDS
APPLICABILITY
All areas within the Specific Plan boundaries are subject to the City Laguna Niguel Municipal Code, including Title 9
(Planning and Zoning), Division 1 (Zoning Code). In addition, applicability of the standards in this section is specified by applicability both planning district (Figure 4-2) and land use
designation. Table 4-4 (Development Standards Matrix)
illustrates a summary of development
requirements throughout the Specific Plan area. Sections
4.4.1 through 4.4.7 consist of additional standards that apply to specific conditions and are referenced in Table 4-4. 4-20 LAGUNA NIGUEL GATEWAY SPECIFIC PLAN
CHAPTER 4 Allowable Uses, Development Standards, and Guidelines TABLE 4-4 Development Standards
Planning District → A C, D, F E, G, H 1, 1, K
Development Standards Land Use Designation → BP BP MU MU RC CS Minimum 40 40
Residential Density Units per Acre Maximum 50 50
Gateway Specific Plan Density Bonus Maximum d 120 120
Building Height Feet Maximum 60 80b 120 120
From Street Right-of-Way 155 106
From Interior Property Line 5 5 5
Perimeter Setbacks and Build-to 60
Setbacks Nonresidential Abutting Residential or Mixed Use Per Section 4.4.1 Lines
From Open Space District 10 10
From Interior Property Lines within Same Project 0 0 0
Front Height and Frontage
Per Section 4.4.2
Elevation
Required # of Spaces Per Municipal Code Section 9-1-60 through 9-1-66 Parking Parking, Drop-off Zones, Vehicular Per Municipal Code Circulation and Access Standards Per Municipal Code Section Per Section 4.4.3 9-1-60 through 9-1-66 Section 9-1-60 through
and Regulations 9-1-66
Minimum Interior Landscape (% of lot area 100 100
On-Site Landscaping and On-Site Open Publicly Accessible On-Site Open Space Open Space (% of lot area) (Per Section 4.4.4) 7 7
Space
Open Space Street Frontage (ft.) 20 + (per Section 4.4.4) Courtyard Podium P P
Urban Block P P P
Allowed per Liner Block P P P
Land Use
Wrapped Block P P
Per Section 4.4.5
Streetscape Applicability by District Per Section 4.4.6 Standards
4-22 LAGUNA NIGUEL GATEWAY SPECIFIC PLAN
CHAPTER 4 Allowable Uses, Development Standards, and Guidelines TABLE 4-4 Development Standards
Planning District → A C, D, F E,G, H 1, 1, K
Development Standards Land Use Designation → BP BP MU MU RC CS Signage To Be Organized by Land Use Per Section 4.4.7
P = permitted
a. Forthe CS District on Camino Capistrano, south of Paseo De Colinas, building heights up to 80' are permitted subject to a Use Permit and Site Development Permit b. All minimum setbacks shall be increased one foot for each additional 5 ft (or portion thereof) that the building exceeds 35 ft in height; provided however, that the maximum setback required need not exceed 25 ft
Represents the minimum interior project landscaping as a percentage of the net usable area of the project site. At least half of the required landscaping shall be located in areas devoted i arking. Required frontage and boundary landscaping, as well as paved plazas, courtyards, and other outdoor pedestrian gathering areas, may count toward this interior landscaping guidelir Retail centers of 3 acres or more within C/Ll districts must provide minimum interior project landscaping of 15% d. In accordance with Government Code section 65915(n), the Gateway Specific Plan Density Bonus Maximum of up to 120 dwelling units per acre for the provision of 5% very low income or 10% low income housing is a local regulation that grants a density bonus greater than what is required by state law. Accordingly, applicants seeking to exceed the applicable baseline density limit in exchange for providing very low income or low income units must choose whether to receive a density bonus under the Gateway Specific Plan or Government Code section 65915, but not both
LAGUNA NIGUEL GATEWAY SPECIFIC PLAN