CITY of LAGUNA WOODS
CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, August 16, 2023
2:00 p.m.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
Noel Hatch
Mayor Pro Tem
Shari L. Horne
Councilmember
Cynthia Conners
Mayor
Annie McCary
Councilmember
Carol Moore
Councilmember
Welcome to a meeting of the Laguna Woods City Council!
This meeting may be recorded, televised, and made publicly available.
Public Comments: The City offers four options for public comments:
1. Make public comments in-person
2. Submit public comments in writing
3. Make public comments by telephone
4. Make public comments by computer (Zoom)
For more information, please refer to page three of this agenda.
Americans with Disabilities Act (ADA): It is the intention of the City to comply with the ADA. If you need assistance to participate in this meeting, please contact either the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535 or the California Relay Service at (800) 735-2929/TTY (800) 735-2922. The City requests at least two business days’ notice in order to effectively facilitate the provision of reasonable accommodations.
REGULAR MEETING SCHEDULE
The Laguna Woods City Council meets regularly on the third Wednesday of each month at 2 p.m.
AGENDA POSTING AND AVAILABILITY
Regular and Adjourned Regular Meetings: Pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act, the City of Laguna Woods posts agendas at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California 92637; on the City’s website (www.cityoflagunawoods.org); and, at other locations designated by Resolution No. 17-30, at least 72 hours in advance of regular and adjourned regular meetings. Agendas and agenda materials are available at Laguna Woods City Hall during normal business hours and on the City’s website. Printed copies of agendas and agenda materials are provided at no charge in advance of meetings. After meetings have occurred, a per page fee is charged for printed copies.
Special and Emergency Meetings: Agenda posting and availability for special and emergency meetings is conducted pursuant to all applicable provisions of California Government Code (Ralph M. Brown Act).
AGENDA DISTRIBUTION LISTS
Electronic Distribution: The City of Laguna Woods provides notification of agenda posting and availability via email. To sign up for email notifications, please visit www.cityoflagunawoods.org/email-notifications, email [email protected], or contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535. Please note that the City is not responsible for, and makes no guaranties or warranties related to, the transmission or receipt of email notifications.
Mail Distribution: The City of Laguna Woods is able to mail agendas and/or agenda materials if provided with advance payment for postage and printing (if applicable). To request mail distribution, please email [email protected] or contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535.
FOR ADDITIONAL INFORMATION
For additional information, please contact the City Clerk’s Office at (949) 639-0500/TTY (949) 639-0535, [email protected], or 24264 El Toro Road, Laguna Woods, California 92637.
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA WOODS )
I, Yolie Trippy, City Clerk, City of Laguna Woods, hereby certify under penalty of perjury that this agenda was posted at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California 92637; on the City’s website (www.cityoflagunawoods.org); and, at other locations designated by Resolution No. 17-30, pursuant to California Government Code Section 54954.2 of the Ralph M. Brown Act. /s/ Yolie Trippy 8/11/23
YOLIE TRIPPY, CMC, City Clerk Date
Laguna Woods City Council Agenda 08/16/2023 Regular Page 3 of 9
OPTIONS FOR PUBLIC COMMENTS
1. Make public comments in-person. Members of the public wishing to make in-person public comments are asked, but not required, to complete and submit a speaker card to City staff. Speaker cards are available near the entrance to the meeting location. If you do not wish to submit a speaker card, or wish to remain anonymous, you may indicate your desire to speak from the floor. Speakers are requested, but not required, to identify themselves.
2. Submit public comments in writing. Written public comments may be submitted via email ([email protected]) or delivered to Laguna Woods City Hall (24264 El Toro Road, Laguna Woods, CA 92637), provided that they are received by the City prior to 2:00 p.m. on the day of the meeting.
Written public comments may be read or summarized to the City Council at the meeting, and parties submitting written public comments are advised that their email addresses and any information submitted may be disclosed or become a matter of public record. No party should expect privacy of such information.
3. Make public comments by telephone. Dial (669) 444-9171. When prompted enter the following meeting ID: 884 4697 0070 followed by pound (#) and the following meeting passcode: 690784 followed by pound (#). When an item you wish to comment on is discussed, press *9 on your telephone to raise your hand. When it is your turn, you will be unmuted and able to speak. Please note that your telephone number will be visible to the City. No party should expect privacy of such information.
4. Make public comments by computer (Zoom).
• Visit www.zoom.us
• Click on “Join” toward the top right of the webpage
• Enter the following meeting ID: 884 4697 0070
• Open the Zoom application following the on-screen prompts • Enter the following meeting password: 690784
• Enter a name and email address as required by Zoom
When an item you wish to comment on is discussed, click on “Raise Hand.” When it is your turn, you will be unmuted and able to speak. Please note that information you enter into Zoom will be visible to the City. No party should expect privacy of such information.
I. CALL TO ORDER
1.1 Call to Order
Introductory Note: Members of the public wishing to address the City Council on items appearing on this agenda are advised to indicate their interest in doing so at the time an item is considered by notifying City staff if present in-person, pressing *9 on their telephone if participating by telephone, or clicking on “Raise Hand” if participating by computer via Zoom. Members of the public wishing to address the City Council on items not appearing on this agenda may do so during Item V.
1.2 Emergency Circumstances and Just Cause Teleconferencing Recommendation: Receive and act upon disclosures and requests from members of the City Council related to teleconferencing pursuant to California Assembly Bill 2449 (2021-2022).
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 City Hall/Public Library Project Update
Recommendation: Receive and file.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
About Public Comments on Non-Agenda Items: This is the time and place for members of the public to address the City Council on items not appearing on this agenda. To indicate interest, please notify City staff if present in-person, press *9 on your telephone if participating by telephone, or click on “Raise Hand” if participating by computer via Zoom. Pursuant to state law, the City Council is unable to take action on such items, but may engage in brief discussion, provide direction to City staff, or schedule items for consideration at future meetings.
VI. CONSENT CALENDAR
About the Consent Calendar: All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, City staff, or member of the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.
6.1 City Council Minutes
Laguna Woods City Council Agenda 08/16/2023 Regular Page 5 of 9 Recommendation: Approve the City Council meeting minutes for the regular meeting on July 19, 2023.
6.2 City Treasurer’s Report
Recommendation: Receive and file the City Treasurer’s Report for the month of July 2023.
6.3 Warrant Register
Recommendation: Approve the warrant register dated August 16, 2023 in the amount of $614,163.44.
6.4 Code Enforcement Services
Recommendation: Approve an agreement with Willdan
Engineering for code enforcement services and authorize the City Manager to execute the agreement, subject to approval as to form by the City Attorney.
6.5 Deed of Easement
Recommendation: Approve a deed of easement to the El Toro Water District for certain waterline infrastructure constructed as part of the City Hall/Public Library Project at 24264 El Toro Road, Laguna Woods, CA 92637 (Assessor’s Parcel Number: 621-121- 29) and authorize the Mayor to execute the deed of easement.
6.6 Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)
Recommendation:
1. Approve final record plans and specifications reflecting completion of the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)” as prepared by the project engineer.
AND
2. Accept project completion of the contract agreement with Kalban, Inc. for the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)”.
AND
3. Release contract retention in the amount of $12,939.35 withheld per California Government Code 35 days following recordation of the Notice of Completion with the County of Orange, provided no Stop Notices are on file with the City preventing the release of the contract retention.
AND
4. Exonerate project posted bonds 35 days following recordation of the Notice of Completion with the County of Orange.
VII. PUBLIC HEARINGS
VIII. CITY COUNCIL BUSINESS
8.1 Cannabis Retail Sales Business Regulations
Recommendation:
If the City Council wishes to proceed with adopting regulations that would permit cannabis retail sales businesses:
Approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, AMENDING
SECTIONS 13.06.010, 13.08.010, 13.10.020, 13.12.020,
13.13.020, 13.18.070, AND 13.26.025 OF TITLE 13
(ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE
TO ESTABLISH A REGULATORY FRAMEWORK FOR
CANNABIS STOREFRONT RETAILERS, SET THE
Laguna Woods City Council Agenda 08/16/2023 Regular Page 7 of 9
CANNABIS BUSINESS TAX RATE FOR CANNABIS
STOREFRONT RETAILERS, AND CLARIFY THE
NATURE OF PROHIBITED CANNABIS BUSINESSES AND
EXISTING REGULATIONS PERTAINING TO TOBACCO
AND TOBACCO CIGARETTE SALES; AND
DETERMINING AND CERTIFYING THAT THE
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
8.2 Zoning Code Amendments
Recommendation: Approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, AMENDING
CHAPTER 13.14 AND SECTIONS 13.04.020, 13.08.010,
13.13.020, 13.15.011, 13.15.015, 13.15.016, 13.15.017,
13.15.020, 13.23.030, AND 13.26.070 OF TITLE 13
(ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE,
AND DETERMINING AND CERTIFYING THAT THE
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
8.3 2021‐2029 General Plan Housing Element Update
Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, ADOPTING
REVISIONS TO THE 2021-2029 GENERAL PLAN
HOUSING ELEMENT, AND PROVIDING DIRECTION
AND MAKING FINDINGS RELATED TO ADOPTION OF
THE 2021-2029 GENERAL PLAN HOUSING ELEMENT
PURSUANT TO APPLICABLE STATE LAW
8.4 2022-2023 Orange County Grand Jury Report, “Welcome to the Neighborhood – Are cities responsibly managing the integration of group homes?”
Recommendation: Approve a response to the 2022-2023 Orange County Grand Jury Report, “Welcome to the Neighborhood – Are cities responsibly managing the integration of group homes?,” authorize the Mayor to execute the response, and direct the City Manager to submit the response as required by applicable law.
8.5 El Toro Road Medians Improvement Project (Westbound El Toro Road between Moulton Parkway to Calle Sonora)
Recommendation: Approve a conceptual design, tree palette, and plant palette, for the El Toro Road Medians Improvement Project (Westbound El Toro Road between Moulton Parkway to Calle Sonora), and authorize staff to proceed with preparing final design documents.
8.6 Employee Compensation and Benefits
Recommendation: Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA WOODS, CALIFORNIA, REPEALING
RESOLUTION NO. 23-20, AND ESTABLISHING A
COMPENSATION SCHEDULE AND BENEFITS FOR CITY
EMPLOYEES
IX. CITY COUNCIL REPORTS AND COMMENTS
About City Council Reports and Comments: This is the time and place for members of the City Council to provide reports on meetings attended including, but not limited to, meetings of regional boards and entities to which they have been appointed to represent the City and meetings attended at the expense of the City pursuant to California Government Code Section 53232.3. Members of the City Council may also make other comments and announcements.
9.1 Coastal Greenbelt Authority
Councilmember McCary, First Alternate: Councilmember Horne, Second Alternate: Mayor Conners
9.2 Orange County Fire Authority
Mayor Pro Tem Hatch
Laguna Woods City Council Agenda 08/16/2023 Regular Page 9 of 9
9.3 Orange County Library Advisory Board
Councilmember Moore; Alternate: Councilmember McCary
9.4 Orange County Mosquito and Vector Control District
Councilmember Horne
9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Conners; Alternate: Mayor Pro Tem Hatch
9.6 South Orange County Watershed Management Area
Councilmember Moore; Alternate: Councilmember Horne
9.7 Liaisons to Community Bridge Builders
Councilmember Horne and Councilmember McCary
9.8 Other Comments and Reports
X. CLOSED SESSION
Prior to convening in closed session, the City Council will hear public comments on items appearing on the closed session agenda.
10.1 The City Council will meet in closed session under the authority of California Government Code Section 54957(b)(1) to consider the following: Public Employee Performance Evaluation – City Manager.
XI. CLOSED SESSION REPORT
XII. ADJOURNMENT
Next Regular Meeting: Wednesday, September 20, 2023 at 2 p.m.
Laguna Woods City Hall
24264 El Toro Road, Laguna Woods, California 92637
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4.1 CITY HALL/PUBLIC LIBRARY UPDATE
(NO REPORT)
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6.0 CONSENT CALENDAR SUMMARY
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ITEM 6.0
CC 08-16-2023 RM Consent Calendar Summary – AR Page 1 of 3 City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: August 16, 2023 Regular Meeting
SUBJECT: Consent Calendar Summary
Recommendation
Approve all proposed actions on the August 16, 2023 Consent Calendar by single motion and City Council action.
Background
All items listed on the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless a member of the City Council, staff, or the public requests that specific items be removed from the Consent Calendar for separate discussion and consideration of action.
Summary
The August 16, 2023 Consent Calendar contains the following items:
6.1 Approval of the City Council meeting minutes for the regular meeting on July 19, 2023.
6.2 Approval of a motion to receive and file the City Treasurer’s Report for the month of July 2023.
6.3 Approval of the warrant register dated August 16, 2023 in the amount of $614,163.44. A list of warrants is included in the agenda packet; detailed information about individual warrants is available at or from City Hall.
ITEM 6.0
Consent Calendar Summary – AR Page 2 of 3 CC 08-16-2023 RM
6.4 Approval of an agreement with Willdan Engineering for code enforcement services and authorization for the City Manager to execute the agreement, subject to approval as to form by the City Attorney. The Request for Proposals (“RFP”) for code enforcement services was released on July 6, 2023 with proposals due by July 28, 2023. Two proposals were received (4LEAF and Willdan Engineering). After reviewing both proposals, staff recommends that the City Council award an agreement to Willdan Engineering due to factors including, but not limited to, cost, experience, and past performance. Willdan Engineering has provided code enforcement services for the City since June 2, 2017 and either provides or has provided similar services for the cities of Dana Point, Laguna Beach, Laguna Niguel, and Newport Beach, as well as the County of Orange.
6.5 Approval of a deed of easement to the El Toro Water District for certain waterline infrastructure constructed as part of the City Hall/Public Library Project at 24264 El Toro Road, Laguna Woods, CA 92637 (Assessor’s Parcel Number: 621-121-29) and authorization for the Mayor to execute the deed of easement. The proposed easement would provide the El Toro Water District with a right to access waterline infrastructure constructed as part of the City Hall/Public Library Project. The proposed deed of easement has been reviewed by El Toro Water District staff.
6.6 [1] Approval of final record plans and specifications reflecting completion of the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)” as prepared by the project engineer (available for review at City Hall).
AND
[2] Acceptance of project completion of the contract agreement with Kalban, Inc. for the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)”.
AND
[3] Release of contract retention in the amount of $12,939.35 withheld per California Government Code 35 days following recordation of the Notice of Completion with the County of Orange, provided no Stop Notices are on file with the City preventing the release of the contract retention.
ITEM 6.0
CC 08-16-2023 RM Consent Calendar Summary – AR Page 3 of 3 AND
[4] Exonerate project posted bonds 35 days following recordation of the Notice of Completion with the County of Orange.
The “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)” is included in the Fiscal Years 2023-34 Capital Improvement Program. Construction is now complete.
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6.1 CITY COUNCIL MINUTES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
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ITEM 6.1
July 19, 2023 1 City Council Regular Meeting Minutes
CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
July 19, 2023
2:00 P.M.
Laguna Woods City Hall
24264 El Toro Road
Laguna Woods, California 92637
I. CALL TO ORDER
1.1 Call to Order
Mayor Conners called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
1.2 Emergency Circumstances and Just Cause Teleconferencing – N/A II. ROLL CALL
COUNCILMEMBER: PRESENT: Horne, McCary, Moore, Hatch, Conners ABSENT: -
All councilmembers participated in-person at the meeting location.
STAFF PRESENT: City Manager Macon, City Attorney Patterson, City Clerk Trippy All staff participated in-person at the meeting location.
III. PLEDGE OF ALLEGIANCE
Councilmember Moore led the pledge of allegiance.
IV. PRESENTATIONS AND CEREMONIAL MATTERS
4.1 City Hall/Public Library Project Update
City Manager Macon provided an update.
Councilmember Moore requested a more comprehensive report on the timing of the project, including information on change orders.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Fred Smoller, President and CEO, Orange County Sustainability Decathlon, commented on ITEM 6.1
July 19, 2023 2 City Council Regular Meeting Minutes
climate issues and requested the City Council’s support of the Sustainability Decathlon. Mr.
Smoller provided the City Council with a flyer containing sponsorship opportunities for the Sustainability Decathlon.
VI. CONSENT CALENDAR
Moved by Councilmember Horne, seconded by Mayor Pro Tem Hatch, and carried unanimously on a 5-0 vote, to approve Consent Calendar items 6.1 – 6.7.
6.1 City Council Minutes
Approved the City Council meeting minutes for the adjourned regular meeting on May 31, 2023, the special meeting on June 14, 2023, the regular meeting on June 21, 2023, and the adjourned regular meeting on June 28 2023.
6.2 City Treasurer’s Report
Received and filed the City Treasurer’s Report for the month of June 2023.
6.3 Warrant Register
Approved the warrant register dated July 19, 2023 in the amount of $758,053.58.
6.4 Fiscal Years 2023-25 Budget Adjustments
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADJUSTING THE ASSIGNED RESERVE
BALANCES FOR THE PAID LEAVE CONTINGENCY RESERVE AND
THE GENERAL FUND CONTINGENCY RESERVE FOR FISCAL
YEAR 2023-24
6.5 Fiscal Years 2023-34 Capital Improvement Program
Adopted a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING A STATEMENT OF THE
TRANSPORTATION-RELATED PROJECTS AND MEASURE M2 (OC
GO) BUDGETS INCLUDED IN THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2023-24 THROUGH 2029-30, IN
CONFORMANCE WITH MEASURE M2 (OC GO) REQUIREMENTS
6.6 Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project:
Phase 6 and 6(B)
ITEM 6.1
July 19, 2023 3 City Council Regular Meeting Minutes
1. Approved the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)” design plans and specifications as prepared by the project engineer.
AND
2. Approved a notice of exemption for the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 and 6(B)” finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) and authorized the City Manager to cause the notice of exemption to be filed pursuant to applicable law.
AND
3. Awarded a contract agreement to Kalban, Inc. for the construction of the “Americans with Disabilities Act (ADA) Pedestrian Accessibility Improvement Project: Phase 6 6(B)”, in the amount of $241,100.00, plus authorized change orders not to exceed 10% of the base amount; and authorized the City Manager to execute a contract agreement and approved change orders, subject to approval of the contract agreement as to form by the City Attorney.
6.7 City Hall Electric Vehicle Charging Infrastructure Project
1. Approved final record plans and specifications reflecting completion of the “City Hall Electric Vehicle Charging Infrastructure Project” as prepared by the project engineer.
AND
2. Approved project completion of the contract agreement with Smart City Electric Group for the “City Hall Electric Vehicle Charging Infrastructure Project”.
AND
3. Release contract retention in the amount of $1,585.00 withheld per California Government Code 35 days following recordation of the Notice of Completion with the County of Orange, provided no Stop Notices are on file with the City preventing the release of the contract retention.
AND
4. Exonerate project posted bonds 35 days following recordation of the Notice of Completion with the County of Orange.
VII. PUBLIC HEARINGS
7.1 Cannabis Retail Sales Business Regulations
ITEM 6.1
July 19, 2023 4 City Council Regular Meeting Minutes
Mayor Conners made comments.
City Manager Macon made a presentation.
Mayor Conners opened the public hearing. The following public testimony was received:
• Maureen Mehler, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Robert Lindner, resident, expressed concern regarding the enforcement of cannabisrelated laws.
Councilmembers briefly responded to Mr. Lindner’s testimony and discussed the item. • Lonnie Painter, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Suzanne Myers, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• David Myers, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Mary Wall, resident, spoke in opposition of allowing cannabis storefront retailers in Laguna Woods.
• Kandice Hawes, Orange County NORML, spoke in support of a merit-based process and conditional use permit process for permitting cannabis storefront retailers, as well as expressed concern regarding the high rate of the proposed cannabis business tax. • Chad Wanke, member of the public and part of the Committee to Support Measure T, spoke in support of a non-merit-based process for permitting cannabis storefront retailers and asked that the proposed application fee be defined.
Mr. Wanke responded to question from Councilmember Moore.
City Manager Macon responded to a question from Mayor Conners. • José Hernandez, Catalyst, commented on the lack of security necessary for cannabis storefront retailers to operate, expressed concern regarding the high rate of the proposed cannabis business tax, and spoke in support of a merit-based process for permitting cannabis storefront retailers and multiple licenses. • Pat Micone, resident, spoke in support of the City Council looking into this item further and not approving an ordinance at this time. She also expressed concerns regarding traffic, security, and costs to the City.
ITEM 6.1
July 19, 2023 5 City Council Regular Meeting Minutes
• Kathryn Freshley, resident, expressed concerns related to security and traffic, as well as a lack of communication with Laguna Woods Village boards. She also expressed concerns regarding the potential establishment of a cannabis storefront retailer at the property currently occupied by the Helm Center, including impacts on the adjacent mortuary and traffic. She further expressed that the City does not need the money that would be generated by the proposed cannabis business tax. • Jonathan Adler, resident and representative of the Laguna Woods Democratic Club, spoke in support of allowing cannabis storefront retailers in Laguna Woods. • Aaron Herzberg, Puzzle Group Law Firm, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Vincette Wilson, resident, commented on a letter she separately submitted to the City Council with background information on hemp and cannabis. • Virginia Rettig, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Mark Nesbaum, resident, spoke in support of allowing cannabis storefront retailers in Laguna Woods.
• Steven Chow, Stiiizy, expressed concerns that the proposed ordinance gerrymandered property and was rigged in favor of one business interest. He encouraged the City Council to reexamine the proposed ordinance and also spoke in support of a meritbased process for permitting cannabis storefront retailers. • Sarah Armstrong, Americans for Safe Access, spoke in support of allowing cannabis storefront retailers in Laguna Woods and expressed concern regarding the high rate of the proposed cannabis business tax.
With no other requests to speak, the public hearing was closed.
Mayor Conners made comments.
A member of the public who had attempted to provide testimony during the public hearing resolved his technical difficulties that had prevented him from providing testimony earlier.
Mayor Conners reopened the public hearing to allow the additional testimony. • John <last name unknown>, member of the public and owner of the Helm Center property, responded to Mr. Chow’s testimony and stated that he has no affiliation with any cannabis business.
With no other requests to speak, the public hearing was closed.
Councilmembers discussed the item and staff answered related questions.
ITEM 6.1
July 19, 2023 6 City Council Regular Meeting Minutes
Mr. Painter responded to a question from Councilmember Moore.
Juanita Skillman, resident, commented on the Laguna Woods Village boards’ awareness of the item.
Councilmembers discussed the item.
Moved by Councilmember Horne, seconded by Councilmember McCary, and carried on a 3-2 vote, with Mayor Pro Tem Hatch and Councilmember Moore voting no, to approve the introduction and first reading of an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010,
13.08.010, 13.10.020, 13.12.020, 13.13.020, 13.18.070, AND 13.26.025 OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL
CODE TO ESTABLISH A REGULATORY FRAMEWORK FOR
CANNABIS STOREFRONT RETAILERS, SET THE CANNABIS
BUSINESS TAX RATE FOR CANNABIS STOREFRONT RETAILERS,
AND CLRIFY THE NATURE OF PROHIBITED CANNABIS
BUSINESSES AND EXISTING REGULATIONS PERTAINING TO
TOBACCO AND TOBACCO CIGARETTE SALES; AND
DETERMINING AND CERTIFYING THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
Mayor Conners called for a brief recess.
The meeting was called back to order at 4:23 p.m.
7.2 Zoning Code Amendments
City Manager Macon made a presentation.
Mayor Conners opened the public hearing.
Juanita Skillman, resident, expressed concerns regarding a state law related to room rentals.
Councilmembers and City Manager Macon briefly responded to Ms. Skillman’s testimony.
With no other requests to speak, the public hearing was closed.
Moved by Councilmember Horne, seconded by Councilmember McCary, and carried unanimously on a 5-0 vote, to approve the introduction and first reading of an ordinance ITEM 6.1
July 19, 2023 7 City Council Regular Meeting Minutes
– read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA WOODS, CALIFORNIA, AMENDING CAPTER 13.14 AND
SETIONS 13.04.020, 13.08.010, 13.13.020, 13.15.011, 13.15.015,
13.15.016, 13.15.017, 13.15.020, 13.23.030, AND 13.26.070 OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE, AND
DETERMINING AND CERTIFYING THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
VIII. CITY COUNCIL BUSINESS – None
IX. CITY COUNCIL REPORTS AND COMMENTS
9.1 Coastal Greenbelt Authority
Councilmember McCary provided an update.
9.2 Orange County Fire Authority
Mayor Pro Tem Hatch provided an update and responded to a question from Councilmember Moore.
9.3 Orange County Library Advisory Board
Councilmember Moore stated there had been no meeting since the last meeting.
9.4 Orange County Mosquito and Vector Control District
Councilmember Horne provided a report.
9.5 San Joaquin Hills Transportation Corridor Agency
Mayor Conners provided a report.
9.6 South Orange County Watershed Management Area
Councilmember Moore stated there had been no meeting since the last meeting.
9.7 Liaisons to Community Bridge Builders
Councilmember McCary stated that she will provide a report at the next meeting.
9.8 Other Comments and Reports – None
ITEM 6.1
July 19, 2023 8 City Council Regular Meeting Minutes
X. CLOSED SESSION
City Attorney Patterson noted that prior to convening in closed session, the City Council will hear public comments on items appearing on the closed session agenda.
No such public comments were received.
10.1 The City Council met in closed session under the authority of California Government Code Section 54956.9(d)(4) and (e)(1) to confer with and receive advice from its legal counsel regarding the potential initiation of litigation in one case.
10.2 The City Council met in closed session under the authority of California Government Code Section 54957(b)(1) to consider the following: Public Employee Performance Evaluation – City Manager.
XI. CLOSED SESSION REPORT
The City Council reconvened in open session at 5:37 p.m. City Attorney Patterson stated that for Item 10.1, the City Council voted to approve the initiation of litigation. City Attorney Patterson stated that there was no reportable action for Item 10.2.
XII. ADJOURNMENT
The meeting was adjourned at 5:38 p.m. The next regular meeting will be at 2:00 p.m. on Wednesday, August 16, 2023, at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
__________________________________
YOLIE TRIPPY, CMC, City Clerk
Approved: August 16, 2023
__________________________________
CYNTHIA S. CONNERS, Mayor
6.2 CITY TREASURER’S REPORT
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
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6.3 WARRANT REGISTER
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
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6.4 CODE ENFORCEMENT SERVICES
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
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ITEM 6.4
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN THE
CITY OF LAGUNA WOODS
AND
WILLDAN ENGINEERING
FOR CODE ENFORCEMENT SERVICES
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____________________ ("EFFECTIVE DATE"), by and among the City of Laguna Woods, a California municipal corporation ("CITY"), and Willdan Engineering ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 17 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period beginning on September 1, 2023 and ending at 11:59 p.m. on June 30, 2025. Such term may be extended upon written agreement of both parties to this AGREEMENT.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT shall perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT. All work to be performed by CONSULTANT shall be coordinated with, and approved by City Manager of CITY or his or her designee. CONSULTANT shall not begin work on any individual task or assignment until authorized by the City Manager of CITY or his or her designee to proceed.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or the City Manager of CITY or his or her designee. CONSULTANT shall be compensated for any such additional services only in the amounts and in the manner agreed to by the City Council or City Manager of CITY or his or her designee.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only as requested by CITY. This ITEM 6.4
AGREEMENT does not state, convey, imply, or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event that any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT, nor to constitute any waiver of any type of relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect of the AGREEMENT by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work in its discretion within sixty (60) days after submitted to CITY.
Any rejection of work by CITY shall be by written explanation. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, SECTIONS 13 and 14 of this AGREEMENT, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents, notwithstanding any billing or compensation disputes that may then exist between CITY and CONSULTANT.
ITEM 6.4
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's and any of CONSULTANT's subcontractors' performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all drafts of studies or planning documents, correspondence, notices, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the end of the term of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon written request by CITY, Federal government, State of California, or their designated representatives. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit, and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT. (c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives. (d) CONSULTANT shall prepare and submit to CITY reports concerning the performance of the work in this AGREEMENT as CITY shall require.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, official, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's ITEM 6.4
officers, officials, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, officials, employees or agents is in any manner officials, officers, employees or agents of CITY.
(c) CONSULTANT shall: (i) recruit, screen, interview, and assign its employees (the "ASSIGNED EMPLOYEES") to perform the work described in EXHIBIT "A" for CITY at the location(s) specified in EXHIBIT "A"; (ii) pay ASSIGNED EMPLOYEES wages and provide other benefits required by law, including sick and family medical leave, and any other benefits as CONSULTANT deems appropriate; (iii) pay, withhold, and transmit payroll taxes, provide unemployment insurance and workers' compensation in an amount no less than required by law, and handle workers' compensation and unemployment claims involving ASSIGNED EMPLOYEES; (iv) ensure ASSIGNED EMPLOYEES are legally authorized to work in the United States; and, (v) have sole responsibility for providing and will provide necessary health coverage to ASSIGNED EMPLOYEES under the Affordable Care Act’s ("ACA") employer mandate and its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(d) CONSULTANT shall not use any independent contractors to perform the services described in EXHIBIT "A" on CONSULTANT’s behalf unless approved in writing by CITY in advance.
(e) CONSULTANT represents that: (i) it is solely responsible for all required training of ASSIGNED EMPLOYEES under federal, state, and local laws, including those regarding antiharassment, anti-retaliation, anti-discrimination, workplace safety training, and any other applicable laws; (ii) it has, and during the term of this AGREEMENT shall maintain, antiharassment, anti-retaliation, and anti-discrimination policies, and appropriate complaint procedures in place; (iii) it is solely responsible for the supervision of ASSIGNED EMPLOYEES; (iv) it is solely responsible for all pre-employment screening and testing of ASSIGNED EMPLOYEES, as may be required or allowed by law, including Form I-9 verification, criminal background checks, industry-specific checks, other background checks, and related recordkeeping; and, (v) it is solely responsible for performance managing, disciplining, and terminating its ASSIGNED EMPLOYEES.
(f) Neither CONSULTANT, nor any of CONSULTANT's officers, officials, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.
(g) This AGREEMENT shall in no way prohibit the CITY from entering into other agreements or contracts, hiring staff or making other such arrangements with other persons and/or entities relative to the services set forth in EXHIBIT "A" "SCOPE OF SERVICES".
SECTION 9. STANDARD OF PERFORMANCE.
ITEM 6.4
CONSULTANT represents and warrants that it has the qualifications, experience, personnel, and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent, and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
(a) CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT, including but not limited to regulations and rules pertaining to any grant awards or third-party funding with which this AGREEMENT is funded in whole or in part.
CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. CITY shall not be responsible for monitoring CONSULTANT’s compliance with federal, state, and local laws, statutes, codes, ordinances, or regulations. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
(b) CONSULTANT shall not be debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, or from receiving Federal contracts, subcontracts, or financial or nonfinancial assistance or benefits, under Executive Order 12549, “Debarment and Suspension” (24 CFR 85.35) or other Federal laws, statutes, codes, ordinances, regulations or rules, at any time during the term of this AGREEMENT. (c) CONSULTANT shall not discriminate, in any way, against any person on the basis of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical conditions, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, sex, age over 40 years, or any other basis protected by applicable federal, state, or local law, including association with individuals with one or more of these protected characteristics or perception that an individual has one or more of these protected characteristics in connection with or related to the performance of this AGREEMENT.
(d) CONSULTANT affirms and agrees that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the Family and Medical Leave Act and any similar state or local law, CONSULTANT shall comply with any such requirements and CITY shall cooperate with CONSULTANT’s compliance.
(e) CONSULTANT has sole responsibility for providing, and will provide, the necessary health coverage to ASSIGNED EMPLOYEES under the ACA employer mandate and ITEM 6.4
its implementing regulations. CONSULTANT represents and warrants that it will comply with all laws, including the ACA, in doing so.
(f) Upon reasonable written notice to CONSULTANT, CITY may inspect CONSULTANT’s records to verify CONSULTANT’s compliance with this AGREEMENT.
SECTION 11. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, official, employee, agent, or subcontractor without the express written consent of the City Manager of CITY or his or her designee. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
SECTION 12. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager of CITY or his or her designee, except as may be required by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager of CITY or his or her designee or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of ITEM 6.4
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, officials, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT or the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing, or similar proceeding.
CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
SECTION 13. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, defend and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT, including without limitation CONSULTANT's breach of any representation, warranty or obligations of CONSULTANT set for in this AGREEMENT, including but not limited to those set forth in SECTIONS 8, 9 and 10. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under SECTION 14 "INSURANCE" of this AGREEMENT shall insure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT. (c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.
ITEM 6.4
SECTION 14. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager of CITY or his or her designee. CONSULTANT agrees to provide CITY with copies of required policies upon request.
SECTION 15. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. CONSULTANT shall be solely liable and responsible for the actions, conduct, and performance of subcontractors, including but not limited to ensuring their compliance with SECTION 10 "COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES" of this AGREEMENT.
SECTION 16. CONTINUITY OF ASSIGNED EMPLOYEES.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's ASSIGNED EMPLOYEES. CONSULTANT shall obtain approval, in writing, from CITY of any changes in CONSULTANT's ASSIGNED EMPLOYEES, prior to any such performance.
SECTION 17. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon sixty (60) days written notice of termination to CITY. In the event such notice is given, CITY may require CONSULTANT to cease immediately all work in progress.
(c) If CONSULTANT fails to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, CITY may terminate this AGREEMENT immediately upon written notice.
ITEM 6.4
(d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY immediately upon demand by CITY, notwithstanding any billing disputes that may then exist under this AGREEMENT. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 "COMPENSATION AND METHOD OF PAYMENT" of this AGREEMENT.
This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
SECTION 18. DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.
SECTION 19. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state, or local governments, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 20. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in a reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
SECTION 21. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopy or certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Laguna Woods
Attn: City Manager
24264 El Toro Road
Laguna Woods, CA 92637
To CONSULTANT: Willdan Engineering
ATTN: President/CEO
ITEM 6.4
2401 East Katella Avenue, Suite 300
Anaheim, CA 92806
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 22. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
SECTION 23. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
SECTION 24. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council or City Manager of CITY.
The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 25. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 26. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Orange. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the District of California in which CITY is located.
SECTION 27. ATTORNEYS FEES, COSTS, AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to ITEM 6.4
which it may be entitled.
SECTION 28. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by any party which is not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 29. SEVERABILITY.
If a term, condition, or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void, or unenforceable provision(s).
SECTION 30. NO THIRD-PARTY BENEFICIARIES.
This AGREEMENT, its provisions, and its covenants, are for the sole and exclusive benefit of CITY and CONSULTANT. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this AGREEMENT.
SECTION 31. COUNTERPARTS.
This AGREEMENT may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same agreement. The parties may also deliver executed copies of this AGREEMENT to each other by electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. No party may raise the use of any image transmission device or method or the fact that any signature was transmitted as an image as a defense to the enforcement of this AGREEMENT. At the request of either party, the parties will confirm signatures by signing and delivering an original AGREEMENT. [SIGNATURES ON NEXT PAGE]
ITEM 6.4
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
CITY OF LAGUNA WOODS:
Christopher Macon, City Manager
CONSULTANT:
Al Brady, Deputy Director of Building and
Safety
Approved as to Form:
Alisha Patterson, City Attorney
ITEM 6.4
EXHIBIT "A"
SCOPE OF SERVICES
CONSULTANT shall perform and complete code enforcement services by providing all labor, tools, equipment, materials, and supplies necessary to complete work in a professional, thorough, and timely manner, in accordance with standards and specifications as contained in this AGREEMENT.
Regular Code Enforcement Services
CONSULTANT shall provide regular code enforcement services including, but not limited to, enforcing the Laguna Woods Municipal Code; CITY ordinances, regulations, or policies; codes or regulations otherwise applicable to CITY (e.g., cases of unpermitted construction related to the California Building Standards Code); and, conditions of entitlement, land use approvals, permits, or licenses. Regular code enforcement services may include, but are not limited to:
• Receiving and responding to inquiries and complaints, including by interviewing persons reporting possible code violations; taking steps to identify the existence of reported code violations; providing public education and outreach; resolving disputes; and, referring matters to and coordinating with local, state, and federal authorities or other parties; • Conducting field checks, inspections, investigations, interviews, consultations, research, and other activities to ensure compliance with codes and identify code violations; • Taking enforcement actions, including by issuing notices of violation, administrative citations, and stop work orders; levying and collecting fees and civil fines; collaborating with other agencies and service providers; delivering, mailing, and posting legal notices; preparing cases for administrative and legal proceedings (including preparing documents to support inspection and abatement warrants); and, conducting abatement activities; • Preparing, compiling, and disseminating qualitative and quantitative documentation and data, including correspondence, reports, inventories, logs, records, and photographs; and • Providing testimony and evidence for administrative and legal proceedings.
Regular code enforcement services may also include, but are not limited to:
• Removing illegal temporary signs from CITY-owned or controlled property, including rights of way, medians, parkways, parks, light poles, bus shelters, structures, and equipment;
• Conducting field checks and inspections of CITY-owned or controlled property for graffiti; vandalism; damaged, faded, or missing road signs; inoperative lighting; trash and litter; depleted pet supplies (at CITY’s dog park); and, overgrown vegetation; and • Providing public education and outreach to individuals and businesses on provisions of the Laguna Woods Municipal Code, as well as proposed or pending changes.
Exhibit A – Page 1 of 3
ITEM 6.4
Special Code Enforcement Services
On an as-needed basis, CONSULTANT may develop, or assist in the development of, plans, procedure manuals, enforcement policies, ordinances, grant applications, or other administrative projects. Work associated with any individual code enforcement case is excluded from “special code enforcement services” and is considered a regular code enforcement service.
Schedule
CONSULTANT shall provide 16 hours per week of regular code enforcement services on a schedule subject to mutual agreement by CITY and CONSULTANT. On one day per month to be regularly scheduled by mutual agreement of CITY and CONSULTANT, regular services shall also be provided between the hours of 7:30 and 10:30 p.m. for a total of 19 hours of regular code enforcement services for that week. Regular code enforcement services shall not be provided on any day when Laguna Woods City Hall is closed, unless previously authorized in writing by CITY. CITY reserves the right to cancel any regular code enforcement service day with at least 48 hours advance notice.
CONSULTANT shall provide additional regular or special code enforcement services on an asneeded basis, on any day of the week (including weekends and holidays), within two (2) hours of a request by CITY. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation for as-needed code enforcement services.
Standards for Personnel
1. CONSULTANT shall designate a project manager who shall be responsible for overseeing all work performed under this AGREEMENT and coordinating the same with CITY.
He/she/they shall have at least three (3) years of experience involving code enforcement services and be fluent in the English language. Experience managing municipal contracts is highly desirable.
2. At all times, CONSULTANT’s assigned personnel responsible for providing regular code enforcement services shall possess the following minimum qualifications:
• Three (3) years of law enforcement experience in the State of California; or • Three (3) years of code enforcement experience in the State of California; or • California Association of Code Enforcement Officers (CACEO) officer certification; or • International Code Council Property Maintenance and Housing Inspector certification; or • International Code Council Zoning Inspector certification; or • P.C. 832 Arrest, Search, and Seizure certification; or • Such other experience, education, certification, and/or training to demonstrate knowledge of legal and effective investigations, as determined adequate by City staff.
Exhibit A – Page 2 of 3
ITEM 6.4
Other Requirements
1. CONSULTANT shall provide, or ensure that its assigned personnel responsible for providing regular code enforcement services possess, a cellular telephone on which they can be reliably contacted at no additional cost to CITY.
2. CONSULTANT’s assigned personnel responsible for providing regular code enforcement services shall be provided by CONSULTANT with all equipment necessary to perform regular code enforcement services including, but not limited to, calibrated noise meters1 ,
cellular telephones, digital cameras or other devices capable of embedding the time and date in photographs, and personal protective equipment to safely enter and inspect spaces impacted by hoarding and similar circumstances.
3. CONSULTANT’s assigned personnel responsible for providing regular code enforcement services shall document the work that they perform on paper forms and Microsoft Word and Excel documents, as well as in code enforcement software (currently GoEnforce; subject to change from time-to-time at CITY’s sole discretion), in form sufficient to CITY.
4. CONSULTANT’s assigned personnel responsible for providing regular code enforcement services shall retrieve and respond to all emails, voicemails, and messages received prior to the beginning of each shift, no later than the end of that same shift, and document the same in form sufficient to CITY.
5. CONSULTANT’s personnel will not be provided with physical workspace at City Hall.
CITY’s code enforcement software is web-based; the code enforcement email account and voicemail can be accessed remotely. CONSULTANT’s personnel are expected to limit their presence at City Hall to meetings, consultations with CITY staff, research, and filing.
6. Code enforcement work often occurs within the private gated community of Laguna Woods Village. CONSULTANT shall be responsible for obtaining gate access passes for its personnel, under its own corporate name (i.e., not in CITY’s name).
7. CONSULTANT shall develop, maintain, and implement code enforcement officer safety standards appropriate for the code enforcement officers employed by CONSULTANT under this AGREEMENT. Such code enforcement officer safety standards shall comply with California Senate Bill 296 (Limón, Chapter 637, Statutes of 2021). 1 For the purpose of this AGREEMENT, “calibrated noise meters” shall mean an instrument meeting the American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 Sound Level Meters or an instrument and the associated recording an analyzing equipment that will provide equivalent data.
Exhibit A – Page 3 of 3
ITEM 6.4
EXHIBIT "B"
COMPENSATION
CONSULTANT shall be compensated on an hourly basis using the following rates:
Personnel Hourly Rate Hourly Rate
Weekdays1 Weekends/Federal
Holidays/Hours
Worked Providing
Services for CITY in
Excess of Eight per
Calendar Day1
Code Enforcement Officer $70 per hour $105 per hour
1 Hourly rates are not subject to minimums or maximums and are all-inclusive with the exception of reproduction; oversized and specialty printing; and, courier and mailing services, all of which must be authorized by CITY, in advance, and may only be charged to CITY at cost (as evidenced by receipts), except for reproduction and oversized and specialty printing which shall be subject to a 10% markup over cost (as evidenced by receipts). CONSULTANT shall not be reimbursed for any other expenses including, but not limited to, telephone; mileage; vehicle; travel; lodging; food; drink; computer, voice, or data line usage; and, the provision or maintenance of required uniforms or equipment.
Hourly rates will not increase during the term of this AGREEMENT.
Exhibit B – Page 1 of 1
ITEM 6.4
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager of CITY or his or her designee or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 03/10) covering Automobile Liability. The auto liability policy must cover all non-owned autos, scheduled autos, and hired autos subject to the written approval of CITY. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.
(5) Professional liability insurance.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $5,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate for bodily injury, personal injury, and property damage.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
Exhibit C – Page 1 of 3
ITEM 6.4
(4) Professional Liability: $1,000,000 per claim and no less than $1,00,000 general aggregate.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City Manager of CITY or his or her designee.
2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager of CITY or his or her designee otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage Exhibit C – Page 2 of 3
ITEM 6.4
required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.
Exhibit C – Page 3 of 3
This page is intentionally blank.
6.5 DEED OF EASEMENT
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
EXEMPT FROM RECORDING FEES PER
GOVT. CODE SECTIONS 27383 & 6103
Easement No. 411
W.O. No. 34-531
Deed of Easement from: City of Laguna Woods
To: EL TORO WATER DISTRICT
DEED OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of LagunaWoods
hereinafter referred to as Grantor, hereby grants and conveysto EL TORO WATER DISTRICT, a public Agency, itssuccessors and assigns, hereinafter referred to as Grantee, a perpetual non-exclusive easement and right of way to install, enlarge, construct, reconstruct,remove and replace, operate, inspect, maintain, repair, improve and relocate a pipeline or pipelines, together with incidental appurtenances,structures and connections for water purposes in, on, over, under, upon, along, through and across the real property hereinafter described, and to install, enlarge, construct, reconstruct, remove and replace, operate, inspect, maintain, repair, improve and relocate lines parallel to and above or beneath said pipeline or pipelines, and to construct structures including, but not limited to, manholes, measuring devices, air-valves, blowoffs, and service connection structures appurtenant to said line or lines of water transmission and distribution, together with reasonable right of access to and from the said easement for the purpose of exercising the rights granted in said easement, provided however, that no right of access is given over or through the buildings now or hereafter located on said real property.
Said easement shall be of such width or widths and shall lie in, under, over and across that certain real property situated in the County of Orange, State of California, described as follows:
That certain strip of land described in a legal description marked Exhibit 'A' and further described in a plat marked Exhibit 'B'. Said plats are attached hereto and made a part hereof.
It isthe intention of the Grantor that the pipeline(s) and other appurtenances(collectively "Pipeline") be located within the aforedescribed real property. In the event that the Pipeline as actually constructed is not located therein, the easement area shall be deemed to include the real property where the Pipeline is located. In addition thereto, if the Pipeline is not located within the described easement area, in order for the Grantee to exercise its appurtenant rights described above, the easement area shall include an additionalfive feet on eitherside of the pipeline.
Together with the right to enter upon and to pass and repass over and along said strip or strips of land, and to deposit tools, implements and other materials thereon by said Grantee, its officers, agents and employees, and by persons under contract to construct said water lines, and their employees, whenever and wherever necessary for the purpose of exercising the rights herein granted.
Any work affecting the subsurface of the ground subject to said easement shall be performed only after giving written notice by certified mail, postage prepaid, addressed to Grantee at Grantee's office, setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least fifteen (15) days prior to commencement of such work.
Notwithstanding the foregoing, the surface of the ground with respect to the distance from the ground surface to the top of the pipe, as of the date of this easement, shall not be changed by any party other than Grantee and Grantor only, exclusive of Grantor'ssuccessors and assigns, if it results in:
a) "cutting" or removing of soil which will leave less than thirty-six inches (36") of soil over the top of the water pipe. b) hauling in of soil or "filling" which will leave more than six feet (6') of soil over the top of the water pipe. c) relocation of any of the facilities of Grantee.
Notwithstanding anything to the contrary herein contained, it is understood that the permanent easements and rights of way above described shall be acquired subject to the rights of the Grantor, his successors, heirs and assigns, to use the surface of land within the boundary lines ofsuch easements and rights of way, provided however, no treesshall be planted thereon and no buildings orstructures of any kind, other than driveways and sidewalksshall be placed, erected or maintained thereon. It is understood that any use of the surface rights by Grantor, hissuccessors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee, hissuccessors, heirs and assigns, and each successor in interest of the Grantors, by acceptance of a conveyance of said property or interest therein, admits and agreesthat any such use is a continuing permissive use. It is understood that each and every right and privilege hereby granted is free andalienable.
Grantee, its successors and assigns shall restore or cause to be restored the surface or subsurface of the real property hereinabove described to the condition said property wasin as of the time of performance of any enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance, repair, improvement and relocation, and such restoration shall be performed with due diligence and dispatch.
ITEM 6.5
Easement No. 411
W.O. No. 34-531
Deed of Easement from: City of Laguna Woods
To: EL TORO WATER DISTRICT
IN WITNESS WHEREOF, this instrument has beenexecuted this day of , 2023.
BY:
ITS:
BY:
ITS:
STATE OF CALIFORNIA}
}
COUNTY OF ORANGE }
On , 2023, before me, personally
appeared , who proved to me on the basis ofsatisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A Notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ITEM 6.5
BXHIBIT "A"
LEGAL DESCRIPTTON
WATERLINE EASEMENT
THOSE CERTAIN STRIPS OF LAND SITUATED IN THE CITY OF LAGLINA
WOODS, COLINTY OF ORANGE, STATE OF CALIFORNIA, SAID STRIPS BEING PORTIONS OF PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK 125, PAGES 30 AND 31 OF PARCEL MAPS, RECORDS OF SAID COLTNTY, AND ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT AT THE MOST NORTHEASTERLY TERMINUS OF THE SOUTHEASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP, SAID LINE HAVING A BEARING AND DISTANCE OF NORTH 55"24'25" EAST 45.00 FEET, SAID POINT BEING THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 55"24'25" WEST 18.00 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 49"33'20" WEST 104.55 FEET TO A LINE WHICH IS PARALLEL WITH AND 1O1.OO FEET NORTHWESTERLY OF SAID SOUTHEASTERLY LINE;
THENCE SOUTH 55"24'25" WEST, ALONG SAID PARALLEL LINE AND ITS SOUTHWESTERLY PROLONGATION, 509.75 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF STRIP 1, SAID STRIP 1 BEING 1O.OO FEET WIDE, 5.OO FEET ON EACH SIDE OF SAID CENTERLINE, SAID POINT BEING KNOWN AS POINT "A" FOR THIS DESCRIPTION;
THENCE NORTH 34"33'49" WEST, ALONG SAID CENTERLINE, 12.44 FEET TO THE POINT OF TERMINUS OF STRIP 1;
COMMENCING AT SAID POINT "A".
THENCE SOUTH 55O24'25" WEST, ALONG SAID PARALLEL LINE AND ITS SOUTHWESTERLY PROLONGATION, 43.7 O FEET;
THENCE SOUTH 00"39'47" WEST 13.33 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF STRIP 2, SAID STRIP BEING 1O.OO FEET WIDE, 5.OO FEET ON EACH SIDE OF SAID CENTERLINE;
THENCE NORTH 79O44'27" WEST, ALONG SAID CENTERLINE, 27.83 FEET; THENCE NORTH 34"04' 16" WE,ST, ALONG SAID CENTERLINE, 28.20 FEET TO THE POINT OF TERMINUS OF STRIP 2;
(DESCRTPTTON CONTTNUES ON PAGE 2)
PAGE 1 OF 2
ITEM 6.5
EXCEPTING FROM SAID STRIP 1 AND SAID STRIP 2 THOSE PORTIONS
WITHIN THE WATERLINE EASEMENT TO LAGUNA HILLS WATER COMPANY IN DOCUMENT RECORDED MAY 26,1981, BOOK 14071, PAGE 1462, OFFICIAL RECORDS OF SAID COUNTY.
ALSO EXCEPTING FROM SAID STRIP 2 THAT PORTION LYING SOUTH OF THE SOUTH LINE OF PART 1, FINAL ORDER OF CONDEMNATION, CASE NO.
O5CCO935O, RECORDED JULY 17,2013, SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE. CENTRAL JUSTICE CENTER.
STRIP I CONTAINING AN AREA OF 74 SQUARE FEET, MORE OR LESS AND STRIP 2 CONTAINING AN AERA OF 212 SQUARE FEET, MORE OR LESS.
ON POINT LAND SURVE ING,INC.
PREPARED BY:
ANTHONY D. S PLS 8133 M"1
. 12-31-21
PAGE 2 OF 2
ITEM 6.5
EXHIBIT IIBII
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ON SHEET 2
LINE DATA
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ON SHEET 2
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T.P.O.B.
T.P.O.B.
WATERLINE EASEMENT
PREPARED AT THE REQUEST OF THE CITY OF LAGUNA WOODS
THIS PLAT IS SOLELY AN AID IN LOCATING
THE PARCEL(S) DESCRIBED IN THE
ATTACHED DOCUMENT. IT IS NOTI A PART
oF THE wRrrrEN oEgcnplory. rfirnrrru.
PREPARED BY:
ON POINT LAND
SURVEYING, INC.
SCALE: 1,, :1 00'
DATE: JUNE 2023
sHEET 1 or 2
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STRIP 1
POINT ''A"
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ITEM 6.5
EXHIBIT IIBII
O.(.}-
('._
FlNAL ORDER OF
CONDEMNATION
CASE NO. O5CCO935O
REC. 7/17/2013 'q^r$f'
.ffififlh-,
0.8. P.O.T.
STRIP 1
@ T.P.O.B. -t:.- @ STRIP 1
T.P.O.B.
S LINE OF PART I, FINAL
ORDER OF CONDEMNATION
CASE NO. O5CCO935O
REC.7/17/2013
STRIP 2
t! LINE DATA:
STRIP 1 - 74 SQ FT
STRIP 2 - 212 SQ FT
@ sss'24'20"w
@ N+e'ss'20"w
@ ws+'ss'4s"w
@ sss'24'2s"w
@ soo'ss'47"w
@ Nzs'+4'27"w
@ us+'04'r 6"w
7 8.00'
104.55'
7 2.44'
43.70'
/ 3.33'
27.83'
28.20'
WATERLINE EASEMENT
PREPARED AT THE REQUEST OF THE CITY OF LAGUNA WOODS
THIS PLAT IS SOLELY AN AID IN LOCATING
THE PARCEL(S) DESCRIBED IN THE
ATTACHED DOCUMENT. IT IS NOT A PART
oF THE wnrrrrry,oftcEerrpN THERETN.
PREPARED BY:
ON POINT LAND
SURVEYING, INC.
SCALE: 1":40'
PREPARED DATE: JUNE 2023
sHEET 2 or 2
ITEM 6.5
6.6 AMERICANS WITH DISABILITIES ACT (ADA)
PEDESTRIAN ACCESSIBILITY IMPROVEMENT
PROJECT: PHASE 6 AND 6(B)
(NO REPORT)
For additional information on this item,
please refer to Item 6.0 (Consent Calendar Summary).
This page is intentionally blank.
8.1 CANNABIS RETAIL SALES BUSINESS
REGULATIONS
This page is intentionally blank.
ITEM 8.1
CC 08-16-2023 RM ITEM 8.1 – AR Page 1 of 8
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: August 16, 2023 Regular Meeting
SUBJECT: Cannabis Retail Sales Business Regulations
Recommendation
If the City Council wishes to proceed with adopting regulations that would permit cannabis retail sales businesses:
Approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010, 13.08.010,
13.10.020, 13.12.020, 13.13.020, 13.18.070, AND 13.26.025 OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE TO
ESTABLISH A REGULATORY FRAMEWORK FOR CANNABIS
STOREFRONT RETAILERS, SET THE CANNABIS BUSINESS TAX
RATE FOR CANNABIS STOREFRONT RETAILERS, AND CLARIFY
THE NATURE OF PROHIBITED CANNABIS BUSINESSES AND
EXISTING REGULATIONS PERTAINING TO TOBACCO AND
TOBACCO CIGARETTE SALES; AND DETERMINING AND
CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Background
At the regular meeting on January 18, 2023 – acting on a recommendation agendized by Councilmember Horne – the City Council voted unanimously to ITEM 8.1
ITEM 8.1 – AR Page 2 of 8 CC 08-16-2023 RM
direct the City Manager to do the following:
1. Draft an ordinance for future consideration by the City Council that would – if adopted by the City Council at a future meeting – authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products.
AND
2. Draft a resolution for future consideration by the City Council that would – if approved by the City Council at a future meeting – set the rate of the cannabis business tax authorized by Measure T (Ordinance No. 22-01) for storefront retailer (dispensary) businesses at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount.
At the regular meeting on June 21, 2023, the City Council discussed a draft ordinance and voted 4-0-1 with Councilmember McCary abstaining due to not having a clear understanding of the recommendation, to direct the City Manager to agendize a public hearing regarding cannabis retail sales business regulations for the City Council meeting on July 19, 2023, including discussion regarding the public comments made at the June 21, 2023 City Council meeting.
At the regular meeting on July 19, 2023, the City Council conducted a public hearing and voted 3-2 with Mayor Pro Tem Hatch and Councilmember Moore opposed, to approve the introduction and first reading of the ordinance included with this agenda report as Attachment A.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on proposed amendments of the Laguna Woods Municipal Code to establish a regulatory framework for cannabis storefront retailers, set the cannabis business tax rate for cannabis storefront retailers, and clarify the nature of prohibited cannabis businesses and existing regulations pertaining to tobacco and tobacco cigarette sales (Attachment A).
As staff has previously advised, cannabis (both medical and non-medical) is, and ITEM 8.1
CC 08-16-2023 RM ITEM 8.1 – AR Page 3 of 8
remains, illegal under federal law. While cannabis use has been decriminalized under state law (specifically, and most recently, under California’s voter-approved Proposition 64 (2016) (The Adult Use of Marijuana Act) and the Medicinal and Adult Use Cannabis Regulation and Safety Act, the latter an act of the California legislature that substantially revised cannabis laws subsequent to the approval of Proposition 64), cannabis remains classified as a Schedule 1 controlled substance under the federal Controlled Substances Act (21 USC §§ 801 et seq). The California Supreme Court has held that bans on cannabis dispensaries are permissible under a city’s inherent zoning power, but has, thus far, declined to reach the issue whether permitting such dispensaries would violate the Controlled Substances Act or California Government Code Section 371001 .
According to data published by the State of California’s Department of Cannabis Control,2 39% of cities and counties in California currently allow the retail sale of cannabis. In Orange County, the cities of Costa Mesa, Santa Ana, and Stanton allow retail (storefront) sale of cannabis.
In response to the City Council’s direction on January 18, 2023 and feedback on June 21, 2023, staff has drafted the ordinance included as Attachment A. While Measure T (codified at Laguna Woods Municipal Code Chapter 3.18, “Cannabis Business Tax”) allows the City Council to set the cannabis business tax rate by resolution or ordinance, after consideration, staff recommends that if the City Council elects to set a tax rate, that it be set by ordinance for ease of reference alongside other pertinent regulations.
While staff understands that the City Council is weighing numerous policy matters in considering whether to authorize the operation of storefront retailer (dispensary) businesses engaged in retail sales of cannabis and/or cannabis products, staff continues to recommend that the City Council consider doing so only if and when cannabis is reclassified under the Controlled Substances Act. 1 California Government Code Section 37100, which relates broadly to cities’ legislative powers, provides: “The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.” 2 https://cannabis.ca.gov/cannabis-laws/where-cannabis-businesses-are-allowed/ [The California Department of Cannabis Control notes that the data on this webpage was updated in February 2023 and is based on information obtained from cities and counties.] ITEM 8.1
ITEM 8.1 – AR Page 4 of 8 CC 08-16-2023 RM
Quick Reference
• Where could cannabis storefront retailers be located? o See subsection (e) on page 17 of Exhibit A to Attachment A. o Cannabis storefront retailers would generally be permitted in the “Community Commercial” and “Professional and Administrative Office” zoning districts, provided (i) they are located in standalone buildings (unless the cannabis storefront retailer is also the property owner or meets certain additional requirements, in which case other occupants would be permitted with the exception of the eight uses listed below and occupants that sell, dispense, distribute, or store alcoholic beverages), (ii) when access is taken from public streets, such access is exclusively from public streets within the majority jurisdiction of the City, and (iii) they are located at least 600 feet from parcels with any of the following uses3
:
1. Alcoholism or Drug Abuse Recovery or Treatment Facilities
2. Cannabis Storefront Retailers
3. Day Care Centers
4. Emergency Shelters
5. Permanent Supportive Housing
6. Public Libraries
7. Public Recreational Facilities
8. Schools
Cannabis storefront retailers would also not be permitted on parcels with existing housing units or parcels identified in the General Plan Housing Element as potential housing sites for very low, low, and/or moderate income housing units. This is intended to promote housing conservation and ensure that sufficient adequate sites remain available at all times to meet remaining unmet housing needs, per California Government Code Section 65863 (“No Net Loss Law”).
o As the zoning district and distance limitations generally summarized in the previous bullet would effectively limit the number of cannabis storefront retailers, staff does not propose to limit cannabis storefront retailers to a specific number. The Laguna Woods Municipal Code does not currently limit any other business type to a specific number. 3 California’s Proposition 64/California Business & Professions Code Section 26054(b) prohibits cannabis storefront retailers from being located “...within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, daycare center, or youth center that is in existence at the time the license is issued...”
ITEM 8.1
CC 08-16-2023 RM ITEM 8.1 – AR Page 5 of 8
o Based on staff’s assessment of existing conditions, cannabis storefront retailers would potentially be permitted on the following parcels:
Assessor’s Parcel Number Current Use
621-211-06 & 621-211-07 Home Depot
621-211-05 Rite Aid
621-211-04 Sabrosada
621-211-03 U.S. Bank
621-091-15 Helm Center
621-091-16 McCormick & Son Mortuary
With a 600 foot separation requirement between cannabis storefront retailers, only one to two of the first five parcels identified in the table above (Home Depot, Rite Aid, Sabrosada, and U.S. Bank) and one of the last two parcels (Helm Center and McCormick & Son Mortuary) would be able to potentially house a cannabis storefront retailer.
The number of potentially permissible parcels would be initially constrained by several factors which are anticipated to change in the future, including (i) the identification of parcels as potential future affordable housing sites – eight commercial properties are excluded on this basis, and (ii) the presence of day care centers that exclude portions of the Home Depot Center, Town Centre, and the Willow Tree Center. As the location of potential future affordable housing sites changes in future iterations of the General Plan Housing Element and/or day care centers open, close, or relocate, additional parcels may become available or – conversely – cease to be available for new cannabis storefront retailers. The seven parcels identified in the table above represent only what would be potentially permissible as of the date of this agenda report. The proposed ordinance would not establish a static or fixed number of potentially permissible parcels.
The City Council would retain the ability to modify location requirements in the future, but doing so would not have the effect of shutting down established cannabis storefront retailers. • What operations requirements would be in place?
Topic Exhibit A to Attachment A
Alcoholic Beverages See subsection (f)(1) on page 20
Amplified Sound See subsection (f)(2) on page 21
ITEM 8.1
ITEM 8.1 – AR Page 6 of 8 CC 08-16-2023 RM
Topic Exhibit A to Attachment A
Cannabis Consumption and Use See subsection (f)(3) on page 22 City Regulatory Meetings See subsection (f)(4) on page 23 Classes, Seminars, and Workshops See subsection (f)(5) on page 23 Criminal Activity Notifications See subsection (f)(6) on page 23 Deliveries See subsection (f)(7) on page 24
Design and Development
Standards
See subsection (f)(8) on page 24
Drive-Through Facilities See subsection (f)(9) on page 26 Events See subsection (f)(10) on page 26
Graffiti See subsection (f)(11) on page 26
Hours of Operations See subsection (f)(12) on page 27
Lighting Repair See subsection (f)(13) on page 27
Live Entertainment and
Entertainment Devices See subsection (f)(14) on page 27 Loitering and Outdoor Queuing See subsection (f)(15) on page 28 Minors See subsection (f)(16) on page 29
Odor Control See subsection (f)(17) on page 30
Outdoor Activities See subsection (f)(18) on page 31
Overnight Parking See subsection (f)(19) on page 31
Product Packaging See subsection (f)(20) on page 32
Security Measures See subsection (f)(21) on page 33
Tobacco and Tobacco Cigarettes See subsection (f)(22) on page 36 Visible Products and Promotions See subsection (f)(23) on page 36 Waste and Recycling –
Battery Recycling See subsection (f)(24) on page 36
Waste and Recycling –
Receptacles See subsection (f)(25) on page 36
• What would be required to obtain a City commercial cannabis permit? o See subsection (c) on page 9 of Exhibit A to Attachment A. o City staff would issue a commercial cannabis permit to cannabis storefront retailers. Commercial cannabis permits would be ministerial in nature and be issued when certain information is provided. If the City Council elects to authorize cannabis storefront retailers, staff recommends leaving decisions regarding to whom property owners enter into lease agreements with to property owners and prospective tenants, as is the case with all other business types in Laguna Woods.
ITEM 8.1
CC 08-16-2023 RM ITEM 8.1 – AR Page 7 of 8
Staff has intentionally drafted an objective process for issuing commercial cannabis permits, complemented by a robust set of operations requirements that would apply to all cannabis storefront retailers equally (see previous bullet). Staff does not recommend that the City involve itself in screening applicants for commercial cannabis permits based on perceived “merit” or any other subjective factor. The City’s permitting requirements would be in addition to the State of California’s licensing requirements, which are generally summarized in an application checklist available at https://cannabis.ca.gov/wpcontent/uploads/sites/2/2023/04/Application-Checklist.pdf. o One party would be required to own at least 51% of each cannabis storefront retailer. This is intended to ensure that there is one party clearly in control of each cannabis storefront retailer for the benefit of both the permitting process and any subsequent enforcement action. o At least 50% of the owners of each cannabis storefront retailer would be required to own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a period of no less than two years prior to the date of application, during which time the license was not suspended or revoked. • What would the cannabis business tax rate be set at?
o See subsection (h) on page 38 of Exhibit A to Attachment A. o Consistent with the City Council’s direction on January 18, 2023 and the ordinance introduced and approved for first reading on July 19, 2023, the cannabis business tax rate would be set at the higher of the following: (a) 10% of gross receipts received or generated for each monthly reporting period, or (b) $35 per square foot of floor area (annual tax rate) prorated monthly to one-twelfth of the annual tax rate amount. Such a rate is the highest the City Council could presently set under Measure T. The lowest possible cannabis business tax rate is the higher of the following: (a) 4% of gross receipts received or generated for each monthly reporting period, or (b) $5 per square foot of floor area (annual tax rate) up to a maximum tax rate prorated monthly to one-twelfth of the annual tax rate amount. o Due to substantial uncertainty regarding costs associated with the authorization of cannabis storefront retailers, if the City Council elects to authorize cannabis storefront retailers, staff recommends that the tax rate be set at the highest possible under Measure T.
ITEM 8.1
ITEM 8.1 – AR Page 8 of 8 CC 08-16-2023 RM
• What violations and penalties would exist for non-compliance? o See subsection (i) on page 38 of Exhibit A to Attachment A. • When would the ordinance be effective?
o The ordinance would be effective 10 calendar days after the effective date of an annual application and routine inspection fee for cannabis storefront retailers (this fee is described in subsection (c)(1) on page 9 of Exhibit A to Attachment A). If the City Council adopts the proposed ordinance at today’s meeting, staff anticipates being able to present such a fee for the City Council’s consideration in September 2023.
Fiscal Impact
The Fiscal Year 2023-25 General Fund budget contains sufficient funds to support the preparation of this ordinance.
As discussed in the Fiscal Years 2023-25 Budget & Work Plan, if the City Council authorizes cannabis businesses, staff anticipates that additional code enforcement services will be necessary to assist with the administration of applicable Laguna Woods Municipal Code requirements and the collection of business tax proceeds.
It is possible that all or a portion of the funds necessary to provide for such additional code enforcement services could be offset by cannabis business tax revenue, although the City would be required to front at least some of those costs during the period between the City Council’s authorization of cannabis storefront retailers and the date that the first cannabis storefront retailer(s) open and begin to collect and remit cannabis business tax proceeds.
Based on the code enforcement rates proposed in Item 6.4 of today’s agenda, and assuming adoption of the proposed ordinance at today’s meeting, staff estimates that additional code enforcement costs would be approximately $61,040 for Fiscal Year 2023-24 (an increase of $4,360 from the amount estimated in the July 19, 2023 City Council agenda report, at which time a competitive request for proposals process for code enforcement services remained underway). Costs after Fiscal Year 2023-24 would likely be driven by the conduct of cannabis storefront retailers, but are not expected to decrease.
Attachment: A – Proposed Ordinance
Exhibit A – Proposed Code Amendments
ITEM 8.1 – Attachment A
O 23-XX 1 XX-XX-2023
ORDINANCE NO. 23-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING SECTIONS 13.06.010, 13.08.010,
13.10.020, 13.12.020, 13.13.020, 13.18.070, AND 13.26.025 OF TITLE 13 (ZONING) OF THE LAGUNA WOODS MUNICIPAL CODE TO
ESTABLISH A REGULATORY FRAMEWORK FOR CANNABIS
STOREFRONT RETAILERS, SET THE CANNABIS BUSINESS TAX
RATE FOR CANNABIS STOREFRONT RETAILERS, AND CLARIFY
THE NATURE OF PROHIBITED CANNABIS BUSINESSES AND
EXISTING REGULATIONS PERTAINING TO TOBACCO AND
TOBACCO CIGARETTE SALES; AND DETERMINING AND
CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Title 13 of the Laguna Woods Municipal Code contains the Laguna Woods Zoning Code; and
WHEREAS, the City Council desires to establish a regulatory framework for cannabis storefront retailers, set the cannabis business tax rate for cannabis storefront retailers, and clarify the nature of prohibited cannabis businesses and existing regulations pertaining to tobacco and tobacco cigarette sales; and WHEREAS, to accomplish the City Council’s aforementioned desires, staff has recommended amendments of sections 13.06.010, 13.08.010, 13.10.020,
13.12.020, 13.13.020, 13.18.070, and 13.26.025 of the Laguna Woods Municipal Code (“Code Amendments”); and
WHEREAS, on July 19, 2023, the City Council held a duly noticed public hearing on this Ordinance at which it considered all of the information, evidence, and testimony presented, both written and oral.
THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that (i) each of the recitals to this Ordinance are true and correct, and are adopted herein as findings; (ii) the Code Amendments comply with all applicable requirements of State law; (iii) the Code Amendments will not adversely affect the health, safety, or welfare of the residents within the community; (iv) the Code Amendments are in the public ITEM 8.1 – Attachment A
O 23-XX 2 XX-XX-2023
interest of the City of Laguna Woods; and, (v) the Code Amendments are consistent with the Laguna Woods General Plan and its various elements.
SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that this Ordinance is not subject to further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and section 15060(c)(3) (the activity is not a “project” as defined in Section 15378). CEQA Guidelines section 15378(b)(2) and (5) exclude “[c]ontinuing administrative ... activities” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from its definition of “project.” In the absence of any pending application for any cannabis storefront retailer, any specific environmental effects would be speculative. The environmental effects of prospective future cannabis storefront retailers will be evaluated on a project-by-project basis by the City during application and permitting processes.
After reviewing the entire project record, the City Council hereby additionally determines and certifies that even if this item were a “project,” it would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3)’s “general rule” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this item, in and of itself, will have a significant effect on the environment. On its own, this item merely establishes a regulatory framework; it will not directly result in any physical changes to the environment.
SECTION 3. Sections 13.06.010, 13.08.010, 13.10.020, 13.12.020, 13.13.020,
13.18.070, and 13.26.025 of the Laguna Woods Municipal Code are hereby amended to read as set forth in Exhibit A, attached to this Ordinance and incorporated herein by this reference.
SECTION 4. This Ordinance shall take effect and be in full force and operation ten (10) calendar days after the annual application and routine inspection fee contemplated in subsection (c)(2) of the amendments to Section 13.26.025 of the Laguna Woods Municipal Code goes into effect, which shall be in no case less than thirty (30) calendar days after adoption of this Ordinance.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason ITEM 8.1 – Attachment A
O 23-XX 3 XX-XX-2023
held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. The Mayor shall sign this Ordinance.
SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
SECTION 8. All of the above-referenced documents and information have been and are on file with the City Clerk of the City.
PASSED, APPROVED AND ADOPTED this XX day of XX 2023.
_____________________________________
CYNTHIA S. CONNERS, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
ALISHA PATTERSON, City Attorney
ITEM 8.1 – Attachment A
O 23-XX 4 XX-XX-2023
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Ordinance No. 23-XX was duly introduced and placed upon its first reading at a regular meeting of the City Council on the XX day of XX 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the XX day of XX 2023 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.1 – Exhibit A to Attachment A
-1-
EXHIBIT A
CODE AMENDMENTS
Numbers (177) and (178) are added to subsection (d) of Section 13.06.010 (“Definitions”) of Chapter 13.06 (“Definitions”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code to read as follows (additions shown with underlining):
(177) Cannabis non-storefront retailer: Any cannabis business that requires a license other than a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency. A cannabis storefront retailer shall not be considered a cannabis non-storefront retailer if it hold licenses other than a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, but only engages in activities permitted under a Type 10 (storefront retailer) license within the City of Laguna Woods.
(178) Cannabis storefront retailer: Any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency.
ITEM 8.1 – Exhibit A to Attachment A
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The permitted residential uses table in Section 13.08.010 (“Intent and permitted uses”) of Chapter 13.08 (“Residential Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add and modify the following rows in alphabetical order by “Land Use Types” (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types RMF RC RT Code References
Cannabis Non-Storefront Retailer X X X
Cannabis Storefront Retailer X X X 13.26.025
Marijuana Dispensary X X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X X X 7.16
ITEM 8.1 – Exhibit A to Attachment A
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The permitted commercial uses table in Section 13.10.020 (“Table of permitted uses”) of Chapter 13.10 (“Commercial Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add and modify the following rows in alphabetical order by “Land Use Types” (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types NC CC PA Code References
Cannabis Non-Storefront Retailer X X X
Cannabis Storefront Retailer X P P 13.26.025
Marijuana Dispensary X X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X U X 7.16
ITEM 8.1 – Exhibit A to Attachment A
-4-
The permitted open space uses table in Section 13.12.020 (“Table of permitted uses”) of Chapter 13.12 (“Open Space Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add and modify the following rows in alphabetical order by “Land Use Types” (additions shown with underlining, deletions shown with strikethrough):
Districts
Land Use Types OS-P OS-R Code References
Cannabis Non-Storefront Retailer X X
Cannabis Storefront Retailer X X 13.26.025
Marijuana Dispensary X X 13.26.025
Tobacco and Tobacco Cigarette
Sales
X X 7.16
ITEM 8.1 – Exhibit A to Attachment A
-5-
The permitted community facility uses table in Section 13.13.020 (“Table of permitted uses”) of Chapter 13.13 (“Community Facilities Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add and modify the following rows in alphabetical order by “Land Use Types” (additions shown with underlining, deletions shown with strikethrough):
Land Use Types Community Facilities Code References
Public/Institutional Private
Cannabis NonStorefront RetailerX X
Cannabis Storefront
Retailer
X X 13.26.025
Marijuana
Dispensary
X X 13.26.025
Tobacco and
Tobacco Cigarette
Sales
X X 7.16
ITEM 8.1 – Exhibit A to Attachment A
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Number (29) in the off-street parking requirements table in subsection (a) of Section 13.18.070 (“Off-street parking requirements”) of Chapter 13.18 (“OffStreet Parking Regulations”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended as follows (additions shown with underlining):
Use Minimum Parking Stalls
Required
(29) Retail stores:
General, except as otherwise
specified herein.
1 for each 200 square feet of
Gross Floor Area.
Cannabis storefront retailers. 1 for each 200 square feet of Gross Floor Area, plus 1 for
each delivery vehicle
regularly parked overnight
and 2 designated curbside
delivery parking spaces each
limited to 15 minutes or less
if curbside delivery is
offered.
Discount department stores. 1 for each 125 square feet of Gross Floor Area.
Furniture and appliances. 1 for each 500 square feet of Gross Floor Area.
ITEM 8.1 – Exhibit A to Attachment A
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Subsection (5)c. of Section 13.18.070 (“Off-street parking requirements”) of Chapter 13.18 (“Off-Street Parking Regulations”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining, deletions shown with strikethrough):
c. For all uses except cannabis storefront retailers, Aalternative vehicle parking spaces in-lieu may be substituted for standard spaces at a rate of ten percent of the total standard spaces in locations where ten or more parking spaces are required. The permitted amount of alternative vehicle spaces shall be calculated based on total spaces required rounded to the nearest whole space.
ITEM 8.1 – Exhibit A to Attachment A
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Section 13.26.025 (“Marijuana dispensaries”) of Chapter 13.26 (“Special Regulations”) of Title 6 (“Businesses”) of the Laguna Woods Municipal Code, is hereby amended in its entirety to read as follows:
Sec. 13.26.025 - Cannabis storefront retailers.
(a) Purpose and Intent.
(1) The purpose of this section is to establish regulations for cannabis storefront retailers that are reasonable and necessary to protect public health and safety and reduce the potential for illegal and illicit activity within the City of Laguna Woods. This section is not intended to be exclusive and compliance with its provisions shall not excuse noncompliance with any federal, state, or other local laws. (2) This section is adopted and established pursuant to the specific authority granted to the City of Laguna Woods in Section 7 of Article XI of the California Constitution and California Business and Professions Code Section 26200.
(b) Definitions. For purposes of this section only, the following definitions shall apply, in addition to those set forth in Section 3.18.030 of this Code:
(05) Amplified sound shall mean sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means including, but not limited to, amplifiers, megaphones, public address systems, radios, speakers, stereos, and similar equipment. (10) Cannabis storefront retailer shall mean any cannabis business that requires a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency. (15) City shall mean the City of Laguna Woods.
(20) City Manager shall mean the City Manager of the City of Laguna Woods or his/her/their designee.
(25) Local law enforcement shall mean the Orange County Sheriff’s Department, or successor agency.
ITEM 8.1 – Exhibit A to Attachment A
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(30) Loitering shall have the same meaning as the term is defined in the California Penal Code, as amended from time to time or replaced with a successor statute. As of the date this section was adopted, the definition of “loitering” was set forth in California Penal Code Section 647(h).
(35) Polystyrene foam shall mean a thermoplastic petrochemical material utilizing the styrene monomer, processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene or EPS), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene or XPS).
(40) Private security shall mean security guards (i) employed by a state-licensed private patrol operator or private security employer to protect persons or property or prevent theft as defined in California Business and Professions Code Section 7582.1, as amended from time to time or replaced with a successor statute, (ii) registered with the California Bureau of Security and Investigative Services, or successor agency, (iii) wearing uniforms clearly and legibly identifying the name of their employer and role as “security” and/or a security guard, and (iv) 21 years of age or over. This chapter does not prohibit security guards from being armed provided that such security guards possess valid California Bureau of Security and Investigative Services (BSIS) Firearms Permits and all applicable laws and regulations are complied with.
(c) City Permitting Requirements.
(1) City Permitting Requirements – Generally. No cannabis business shall operate as a cannabis storefront retailer without obtaining and holding in full force and effect a commercial cannabis permit from the City and such other City permits as may be required.
Applications for commercial cannabis permits shall be reviewed for conformance with this section and acted upon administratively by the City Manager. When issued, commercial cannabis permits shall be valid for a period of one year (365 calendar days) or until the date that the commercial cannabis permit is suspended and/or revoked. If any of the information listed in this subsection becomes inaccurate or ITEM 8.1 – Exhibit A to Attachment A
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incomplete during the term of the commercial cannabis permit (e.g., when ownership changes), the commercial cannabis permit shall become invalid and subject to suspension and/or revocation unless and until all inaccurate and/or incomplete information is corrected and furnished to the City, on a form provided by the City, within 15 calendar days of the date the information became inaccurate and/or incomplete. Renewal applications for commercial cannabis permits must be made at least 60 calendar days in advance of the expiration date. In applying for commercial cannabis permits or renewals thereof, applicants shall furnish to the City a sworn statement, upon a form provided by the City, setting forth the following information:
a. The name of the business, including the legal name and any fictitious business names under which the business is to be conducted;
b. The organizational structure type of the business (e.g., corporation, joint venture, limited liability company,
partnership, sole proprietorship, or trust);
c. The number the business will file federal taxes under (e.g., federal employer identification number, individual taxpayer identification number, social security number, or national identification number);
d. The legal name, mailing address, telephone number, and email address of the business’ primary point of contact for the City during processing of the permit application;
e. A complete list of every owner of the business, as defined by California Code of Regulations Section 15003, as amended from time to time or replaced with a successor statute, including legal name, mailing address, telephone number, and email address for each;
1. Proof that at least 51 percent of the business is owned by a single person;
2. Proof that at least half (50 percent) of the owners of the business (rounded up to the nearest whole person)
ITEM 8.1 – Exhibit A to Attachment A
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own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a period of no less than two years (730 calendar
days) prior to the date of application, during which time the license was not suspended or revoked;
f. A notarized statement from each owner of the business acknowledging that they have reviewed, had an opportunity to consult with legal counsel regarding, and agree to comply with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
g. A notarized statement from each owner of the business and an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on, acknowledging and agreeing that the City and its
authorized representatives shall, upon showing valid Cityissued photo identification if requested, have the right to access and enter the business and the parcel(s) where such business is to be carried on to make reasonable inspections scheduled in advance with either the owner of the business or the property owner of areas of the business and property not open to the public, or unscheduled inspections in areas open to the public (e.g., parking lots), to observe and enforce compliance with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
h. A notarized statement from an authorized representative on behalf of the property owner of record for the parcel(s) where such business is to be carried on acknowledging (i) the nature and type of business to be conducted, and (ii) that they have reviewed, had an opportunity to consult with legal counsel, and agree to comply with this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, and all other applicable provisions of this Code and local laws;
i. The legal name, mailing address, telephone number, and email address of the agent for the service of process for the ITEM 8.1 – Exhibit A to Attachment A
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business;
j. The legal name, mailing address, telephone number, and email address of the agent for the service of process for the property owner of record for the parcel(s) where such business is to be carried on;
k. A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City;
l. A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format;
m. Notarized statements by both the primary point of contact for the City during processing of the permit application and the single owner of at least 51 percent of the business reading “Under penalty of perjury, I hereby declare that the
information contained within and submitted with this
application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, and/or suspension or revocation of a permit issued”; and
n. Any additional information which the City Manager may require.
An annual application and routine inspection fee in an amount established by resolution of the City Council shall be presented with the sworn statement submitted under this subsection. This fee shall not be considered a tax and may be adjusted from time to time to fully compensate the City for commercial cannabis permit ITEM 8.1 – Exhibit A to Attachment A
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processing-related costs, as well as the cost of up to six routine inspections by the City related to the enforcement of this section, by resolution of the City Council. For the purpose of this subsection, “processing of payments” shall mean all functions and activities that the City determines reasonably necessary to facilitate the acceptance, review, accounting, and deposit of commercial cannabis permit payments including, without limitation, personnel, consultants, transportation, security, and merchant fees incurred by the City. For the purpose of this section, “costs” includes, but is not limited to, indirect, overhead, and interfund costs calculated in the same manner as could lawfully apply to the City’s building permit fees. The City Council may establish separate annual application and routine inspection fees to account for differences in costs associated with the processing of payments made by currency or other payment instrument. In doing so, the City Council reserves the discretion to limit and adjust the types of payments that it will accept and under what terms and conditions.
If two or more applications for commercial cannabis permits are received for either the same parcel or parcels that are located within 600 feet of each other, as measured from the outermost boundary lines of the closest parcels, the City shall process the applications sequentially in order of the date and time received. If the earliest application received is determined to be incomplete, the City shall notify that applicant of the need for resubmittal and then begin to process the next sequential application, and so forth. The City shall process resubmittals of applications previously determined to be incomplete in the same manner, regardless of when the previous application or submittal was received.
(2) City Permitting Requirements – Suspension, Revocation, and Non-Renewal. The City Council or City Manager may suspend, revoke, or refuse to renew a commercial cannabis permit for any cannabis storefront retailer that (i) is found to have submitted incomplete, untrue, inaccurate, or otherwise misrepresented information in its application for such permit, or (ii) remains in violation of any provision of this section, Chapter 3.18 of this Code, the City’s building and zoning regulations, or any other applicable provision of this Code or local law for a period in excess of 15 calendar days after any owner of the business or agent for the service ITEM 8.1 – Exhibit A to Attachment A
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of process for the business has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners of the business and agents for the service of process for the business.
During the aforementioned 15 calendar day period, the cannabis storefront retailer may provide the City party who issued the notice of violation with evidence contesting the violation. The City party who issued the notice of violation shall consider such evidence prior to suspending, revoking, or refusing to renew a commercial cannabis permit. A decision of either the City Council or City Manager to suspend, revoke, or refuse to renew a commercial cannabis permit is final and non-appealable.
(3) City Permitting Requirements – Transferability and Changes in Ownership. Commercial cannabis permits do not run with the land, are particular to a location, and are not transferrable to new cannabis businesses or new locations for existing cannabis businesses.
Any cumulative change in ownership of the business greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit shall require a new commercial cannabis permit. Cannabis businesses that experience cumulative changes in ownership greater than 50 percent from the ownership information provided with the original application for a commercial cannabis permit must cease to operate immediately upon such change in ownership until such time as a new commercial cannabis permit is issued (if such a permit is issued).
At all times during the term of the commercial cannabis permit, at least half (50 percent) of the owners of the business (rounded up to the nearest whole person) must own or have owned all or part of a business licensed by the State of California as a cannabis storefront retailer for a period of no less than two years (730 calendar days), during which time the license was not suspended or revoked.
Commercial cannabis permits shall become subject to suspension and/or revocation if, at any point during a term thereof, ownership changes in a manner that results in less than half of the owners of the ITEM 8.1 – Exhibit A to Attachment A
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business (rounded up to the nearest whole person) meeting this requirement.
(4) City Permitting Requirements – Insurance and Indemnification.
As a condition of approval of any commercial cannabis permit, the business and the property owner of record shall:
a. Execute an agreement indemnifying the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers from any claims, damages, injuries, and liabilities of any kind associated with the permitting or operation of the cannabis storefront retailer, including without limitation, the prosecution of the property owner of record, the cannabis storefront retailer, and/or the cannabis storefront retailer’s customers, for violation of federal or state laws; b. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his/her/their designee; c. Name the City, its respective elected and appointed boards, officials, officers, agents, employees, and volunteers as additionally insured on all City required insurance policies; d. Agree to defend, at its sole expense, any action against the City and/or its respective elected boards, appointed boards, officials, officers, agents, employees and/or volunteers related to this section, Chapter 3.18 of this Code, and/or the City’s approval of a commercial cannabis permit; and
e. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this section, Chapter 3.18 of this Code, and/or the City’s approval of a commercial cannabis permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(5) City Permitting Requirements – Site Development Permit. In addition to the requirements of this section, cannabis storefront ITEM 8.1 – Exhibit A to Attachment A
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retailers must obtain a site development permit from the City in accordance with Section 13.24.020 of this Code to establish such use.
Such site development permit must be obtained prior to or concurrently with the issuance of the first commercial cannabis permit from the City for a particular location. Cannabis storefront retailers shall cease operations immediately if the applicable site development permit has lapsed, been revoked, or is otherwise no longer valid. Cannabis storefront retailers shall comply with the conditions and requirements of applicable site development permits prior to engaging in the on-site, retail sale of cannabis and at all times thereafter.
In addition to other application materials that may be required for site development permits, applicants for site development permits to establish a cannabis storefront retailer use shall submit the following to the City:
a. A title report for the parcel(s) where such business is to be carried on, completed by a title company within the 120 calendar days prior to the date the application is received by the City;
b. A map exhibit prepared by professional land surveyor licensed to do business in California based on the title report required by the previous subsection depicting the limits of the parcel(s) where such business is to be carried on, together with the limits of all easements on the property, immediately adjacent public streets and municipal boundary lines, overlaid on a scaled, aerial image of the area taken within the prior two years (730 days), as well as all associated shapefiles in their native electronic format; and
c. Colorized renderings of all proposed exterior elevations of buildings, facilities, and structures, with a material sample board and print-style color format codes for each paint color (e.g., CMYK, HEX, HSB, or RGB). Any change to the
materials and colors approved with a site development permit shall require first obtaining either a new site development permit or amendment thereto.
ITEM 8.1 – Exhibit A to Attachment A
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(d) State Licensing Requirements. No cannabis business shall operate as a cannabis storefront retailer without obtaining and holding in full force and effect a Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, and such other state licenses as may be required. While cannabis storefront retailers may hold additional licenses from the California Department of Cannabis Control, or successor agency, only the activities permitted under a Type 10 (storefront retailer) license may be conducted within the City of Laguna Woods. (e) Location Requirements. A cannabis storefront retailer may only operate on a site that meets all of the requirements listed below in this subsection at the time its application for a new commercial cannabis permit is determined to be complete by the City. For the purpose of this subsection, “site” shall include, both individually and collectively, all of the parcels on which the cannabis storefront retailer will operate.
(1) The site is designated “Commercial” in the Laguna Woods General Plan;
(2) The site is zoned as “Community Commercial” or “Professional and Administrative Office” in this Code;
(3) The size and boundary lines of the parcel(s) on which the site is located have not been modified within the prior year (365 calendar days);
(4) The site contains no nonconforming uses or structures; (5) The site takes access exclusively from public streets within the majority jurisdiction of the City. This subsection is not intended to preclude accessibility from private streets, but rather, to ensure that all adjacent or adjoining public streets are within the majority jurisdiction of the City. For the purpose of this subsection, no portion of Avenida de la Carlota, Laguna Hills Drive, Paseo de Valencia, or Ridge Route Drive shall be considered to be within the majority jurisdiction of the City;
(6) The site’s driveways providing ingress or egress to public streets, if any, are constructed in accordance with County of Orange OC Public Works Department Standard Plan #1209. To the extent that ITEM 8.1 – Exhibit A to Attachment A
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reconstruction of driveways and/or adjacent sidewalks is required to comply with this subsection, such reconstruction shall be undertaken (i) at no cost to the City, (ii) after obtaining all necessary City permits and permits from other government agencies, and (iii) in accordance with the terms and conditions of all City permits required to conduct work on, or reconstruct, property under the control, operation, or management of the City (if applicable). To the extent that such reconstruction results in all or a portion of any driveway or adjacent sidewalk extending beyond the City’s existing public street easements or right-of-way, the property owner of record of the applicable parcel(s) shall grant to the City an irrevocable public street easement for that part of the driveway and adjacent sidewalk;
(7) Alcoholism or Drug Abuse Recovery or Treatment Facilities. The site is not located within 600 feet of a parcel on which an “alcoholism or drug abuse recovery or treatment facility,” as defined in California Health and Safety Code Section 11834.02, as amended from time to time or replaced with a successor statute, is located, as measured from the outermost boundary lines of the closest parcels; (8) Cannabis Storefront Retailers. The site does not contain any other cannabis storefront retailers and is not located within 600 feet of a parcel on which another cannabis storefront retailer is located, as measured from the outermost boundary lines of the closest parcels; (9) Day Care Centers. The site is not located within 600 feet of a non-residential zoned parcel on which a child care-infant center, child care center, child care center preschool, or family child care home licensed by the California Department of Social Services is located, as measured from the outermost boundary lines of the closest parcels;
(10) Emergency Shelters. The site is not located within 600 feet of a parcel on which an “emergency shelter,” as defined in California Health and Safety Code Section 50801, is located, as measured from the outermost boundary lines of the closest parcels;
(11) Housing. The site does not contain any existing housing units; (12) Permanent Supportive Housing. The site is not located within ITEM 8.1 – Exhibit A to Attachment A
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600 feet of a parcel on which “supportive housing,” as defined in California Health and Safety Code Section 50675.14, as amended from time to time or replaced with a successor statute, is located, as measured from the outermost boundary lines of the closest parcels; (13) Public Libraries. The site is not located within 600 feet of a parcel on which a public library, which is under the control, operation or management of the County of Orange, is located, as measured from the outermost boundary lines of the closest parcels; (14) Public Recreational Facilities. The site is not located within 600 feet of a parcel on which a community center, park, playground, pool, sports court, sports field, or similar recreational facility (excluding parcels on which the predominant use is a golf course), which is under the control, operation or management of the City, County of Orange, City of Aliso Viejo, City of Irvine, City of Laguna Beach, or City of Laguna Hills, is located, as measured from the outermost boundary lines of the closest parcels;
(15) Schools. The site is not located within 600 feet of a parcel on which an institution of learning for minors, whether public or private, which offers in-person instruction in grades Kindergarten through 12 in those courses of study required by the California Education Code, and is licensed by the California Board of Education, as measured from the outermost boundary lines of the closest parcels. This includes kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the California Department of Education, but does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university; and (16) Potential Very Low, Low, and/or Moderate Housing. The site is not identified in the City’s existing General Plan Housing Element, or any General Plan Housing Element under review by the State of California, as a potential housing site with realistic development capacity to accommodate very low, low, and/or moderate income housing units.
For the purpose of subsections (e)(7)-(15) herein, such uses shall be deemed to exist if (i) currently operating, or (ii) the City has issued a ITEM 8.1 – Exhibit A to Attachment A
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commercial cannabis permit and/or has issued any building permit for the initial construction or improvement thereof and such permit is valid.
Cannabis storefront retailers shall either be:
(A1) The only occupant of the parcel(s) on which they are located unless the parcel(s) is (are) owned by the cannabis storefront retailer (as substantiated by the title report required by subsection (c)(1) herein), in which case there may be additional occupants provided that none of the other occupants are any of the uses identified in subsections (e)(7)-(15) herein, nor do any of the other occupants sell, dispense, distribute, or store alcoholic beverages either at the time of the issuance of the first commercial cannabis permit from the City or at any point thereafter. Where specified, portions of this section apply to both the cannabis storefront retailer and all other uses on the parcel(s); or
(A2) One of multiple occupants of the parcel(s) on which they are located if (i) the interior space occupied by the cannabis storefront retailer does not share a ventilation system with any other interior space not occupied by the cannabis storefront retailer, (ii) the property owner enters into an agreement with the City agreeing to apply subsections (f)(8), (f)(11), (f)(13), and (f)(15)d.-h. herein to all occupants and the entirety of the parcel(s) on which the cannabis storefront retailer is located, and (iii) none of the other occupants are any of the uses identified in subsections (e)(7)-(15) herein, or sell, dispense, distribute, or store alcoholic beverages, either at the time of the issuance of the first commercial cannabis permit from the City or at any point thereafter, and the property owner enters into an agreement with the City agreeing to enforce these prohibitions until such time as a commercial cannabis permit is no longer in effect for its parcel(s). Where specified, portions of this section apply to both the cannabis storefront retailer and all other uses of the parcel(s). (f) Operations Requirements. Prior to engaging in the on-site, retail sale of cannabis and at all times thereafter, cannabis storefront retailers shall comply with all of the following operations requirements, in addition to all other applicable requirements of this Code:
(1) Alcoholic Beverages.
ITEM 8.1 – Exhibit A to Attachment A
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a. Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of alcoholic beverages. b. Cannabis storefront retailers shall actively monitor and prevent the consumption, sale, dispensing, distribution, or storage of alcoholic beverages on the parcel(s) on which they are located. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement.
(2) Amplified Sound.
a. Cannabis storefront retailers shall not use amplified sound on – or in a manner audible – on the exterior of the cannabis storefront retailer, in any interior area of any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. This subsection shall not apply to (i) computers, telephones, and other equipment when
amplified sound is only audible to individuals wearing earbuds, earphones, or similar personal, wearable technology or (ii) alarms and similar warning systems. For the purpose of this section, amplified sound shall be deemed to be audible on exterior areas including, but not limited to, when doors or windows are open even temporarily in such a way that
amplified sound emanating from the cannabis storefront retailer is audible immediately outside such door or window.
b. Cannabis storefront retailers shall actively monitor and prevent their officials, officers, agents, employees, volunteers, associates, customers, visitors, and passersby, whether invited or not, from using amplified sound on – or in a manner audible – on the exterior of the cannabis storefront retailer, in any interior area of the any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. This subsection shall not apply to (i) computers, telephones, and other equipment when amplified sound is only ITEM 8.1 – Exhibit A to Attachment A
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audible to individuals wearing earbuds, earphones, or similar personal, wearable technology or (ii) alarms and similar warning systems. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection including, but not limited to, amplified sound emanating from vehicles in the parking lot. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement when such amplified sound can be reasonably construed to violate
California Penal Code Section 415, as amended from time to time or replaced with a successor statute, and requiring that other violators immediately leave the parcel(s) on which the cannabis storefront retailer is located.
When cannabis storefront retailers are located in multi-occupant buildings, minimum noise prevention practices shall also include, but not be limited to, the following:
1. Providing the City and all other occupants with one or more telephone numbers that is (are) answered 24 hours a day, seven days a week, to receive and immediately
cause to be addressed noise complaints from any
occupant.
c. Notwithstanding the other requirements of this subsection and Code, and with the exception of live announcements and alarms and similar warning systems, amplified sound used in interior areas of cannabis storefront retailers (e.g., background music) shall not exceed a noise level of 40 d(B)A as measured by an instrument meeting the American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 Sound Level Meters or an instrument and the associated recording an analyzing equipment that will provide equivalent data.
(3) Cannabis Consumption and Use. Cannabis storefront retailers shall actively monitor and prevent the consumption or use of cannabis on the parcel(s) on which they are located. This includes, but is not limited to, the consumption or use of cannabis by their officials, officers, agents, employees, volunteers, associates, customers, ITEM 8.1 – Exhibit A to Attachment A
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visitors, and passersby, whether invited or not, for any purpose, whether purchased from the cannabis storefront retailer or not, and the prohibition of any samples of cannabis for on-site consumption for any purpose. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:
a. Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that the consumption or use of cannabis on the parcel(s) (including, specifically, in the building(s) and parking lot(s)) is illegal and that violators will be reported to local law enforcement; and b. Not selling or distributing food or beverages, or encouraging the same. This includes, but is not limited to, providing food establishment or restaurant-type facilities (e.g., coffee stations, cooking equipment or devices, or dining areas), foodware accessories or condiments, food or drink vending machines, or food trucks, except that cannabis storefront retailers may provide complimentary water drinking fountains, water, and ice for use and consumption by all persons, as well as break room and kitchenette space for its employees only. Break room and kitchenette space for employees shall be access controlled in a manner that prevents unauthorized entry by non-employees. (4) City Regulatory Meetings. Upon request, cannabis storefront retailers shall participate in meetings with the City Manager and his/her/their invitees on a quarterly or more frequent basis to review and discuss commercial cannabis permit requirements, security concerns, complaints received, and other matters determined at the discretion of the City Manager. The time, place, and manner of such meetings, as well as the required attendance (management and/or ownership), shall be determined at the discretion of the City Manager. (5) Classes, Seminars, and Workshops. Cannabis storefront retailers ITEM 8.1 – Exhibit A to Attachment A
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may offer classes, seminars, workshops, and similar educational events related to cannabis but only in fully enclosed, interior spaces on the parcel(s) on which they are located, and provided such educational events do not require event licenses from the state Department of Cannabis Control, or successor agency. For the purpose of this subsection, art classes, exercise classes, meditation classes, sound baths, sporting, yoga classes, and similar events shall not be considered educational events related to cannabis. Educational events related to cannabis shall not include (i) mixers, social hours, or similar gatherings of a predominantly social or networking nature, or (ii) any of the live entertainment or entertainment devices identified in subsection (f)(14) unless specifically noted.
(6) Criminal Activity Notifications. Cannabis storefront retailers shall immediately report to local law enforcement any known or suspected crime occurring on the parcel(s) on which the cannabis storefront retailer is located including, but not limited to, burglary or theft of any cannabis or cannabis product, and disturbances of the peace. This obligation to report extends to both employees of cannabis storefront retailers and private security employed by cannabis storefront retailers. Such persons shall be trained on this obligation to report. (7) Deliveries.
a. Cannabis storefront retailers may deliver cannabis to customers provided such deliveries occur only as permitted by each cannabis storefront retailer’s Type 10 (storefront retailer) license from the California Department of Cannabis Control, or successor agency, and applicable state and local laws.
b. Cannabis storefront retailers shall schedule incoming deliveries of cannabis and cannabis products intended for future retail sale to occur outside of peak hours of operation within the hours of 7 a.m. and 10 p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case deliveries shall be scheduled to occur outside of peak hours of operation within the hours of 8 a.m. and 8 p.m., Monday through Sunday.
ITEM 8.1 – Exhibit A to Attachment A
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(8) Design and Development Standards. In addition to the design and development standards found elsewhere in this Code, the following shall not exist or occur on any site on which a cannabis storefront retailer operates:
a. Bars, whether on or over doors, windows, or other surfaces, installed on the exterior;
b. Blinds, curtains, shades, or other window coverings installed on the exterior;
c. Cardboard, foil, or paper window coverings;
d. Roll-up or rolling exterior doors;
e. Chain link, plastic, vinyl, or woven wire fencing or gates including, but not limited to, fencing or gates of any kind with plastic or vinyl privacy inserts, with the exception of temporary fencing during construction when permitted by the City; f. Barbed tape, barbed wire, wire, razor wire, and similar security treatments on the interior or exterior;
g. Balloons, confetti, feather flags, inflatable tubes, pennants, streamers, and similar decorations on the exterior;
h. Electrical conduits or raceways visible from the exterior, whether such electrical conduits or raceways are located on the interior or exterior;
i. Polyvinyl chloride (PVC) pipe visible from the exterior, whether such PVC pipe is located on the interior or exterior; j. Unfinished metal or wood surfaces on the exterior;
k. Fluorescent, luminescent, neon, or sparking exterior paint or colors on the exterior;
l. Marker, paint, or chalk on any exterior window pane; ITEM 8.1 – Exhibit A to Attachment A
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m. More than one color of glass within any single exterior window;
n. More than two colors on any single exterior building wall; o. Light box exterior signs;
p. More than two colors on any single exterior sign;
q. Neon tubing visible from the exterior, whether such neon tubing is located on the interior or exterior;
r. Laser lighting visible from the exterior, whether such laser lighting is located on the interior or exterior;
s. Lighting that intentionally or knowingly flashes, blinks, moves, rotates, or revolves on the interior or exterior; t. Lighting colors other than white on the exterior, with the exception of internally illuminated permanent signs;
u. Hanging lanterns on the exterior;
v. Rope or string lighting visible from the exterior, whether such rope or string lighting is located on the interior or exterior; w. Landscaping that contains more than 10 percent decomposed granite, gravel, mulch, rock, sand, or similar non-vegetated landscape material, except to the extent groundcover or other vegetation is also planted that will conceal at least 90 percent of the non-vegetated material upon maturity.
(9) Drive-Through Facilities. Cannabis storefront retailers shall not use drive-through facilities (e.g., canopies intended to shield vehiclebased transactions, order stations, menu boards, queuing lanes, or windows and related facilities) in their operation nor provide any such facilities on-site. Compliance with this subsection requires the removal of drive-through facilities associated with previous drivethrough uses and the integration of former queuing lane areas into the ITEM 8.1 – Exhibit A to Attachment A
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site in a manner that can reasonably be seen to discourage loitering and outdoor queuing, as well as illegal, criminal, and nuisance activities.
(10) Events. Cannabis storefront retailers shall not be eligible to apply for any event licenses from the state Department of Cannabis Control, or successor agency, for cannabis events occurring within the City of Laguna Woods.
(11) Graffiti. Cannabis storefront retailers shall remove graffiti from space that they occupy within 24 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. For the purpose of this subsection, “remove graffiti” shall mean returning the surface to which graffiti was applied to its previous condition, including matching its color and texture to adjacent surfaces in a manner that is generally indistinguishable when viewed by an average person at a distance of 10 feet. Cannabis storefront retailers may wish to use anti-graffiti coatings to aid in compliance with this subsection.
(12) Hours of Operation. Cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public outside of the hours of 6 a.m. to 10 p.m., Monday through Sunday, unless the parcel(s) on which they are located is (are) located within 600 feet of a residential zoned parcel, as measured from the outermost boundary lines of the closest parcels, in which case cannabis storefront retailers shall not engage in the on-site, retail sale of cannabis nor be open to any member of the public outside of the hours of 7 a.m. to 9 p.m. For the purpose of this section, all on-site retail sales transactions must be complete by the closing hours specified in this subsection.
(13) Lighting Repair. Cannabis storefront retailers shall repair misdirected, malfunctioning or inoperable exterior lights, including lighting associated with permanent signs, on space that they occupy, ITEM 8.1 – Exhibit A to Attachment A
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within 48 hours after any owner or agent for the service of process has been notified by the City either personally, in-person, by telephone, or by email, or by posting notice on any entrance to the cannabis storefront retailer. Cannabis storefront retailers shall notify and train employees and other on-site personnel to check for posted notices throughout the hours of operation and to immediately provide such notices to owners and agents for the service of process. Cannabis storefront retailers may wish to maintain a supply of replacement lighting fixtures, bulbs, and related components to aid in compliance with this subsection.
(14) Live Entertainment and Entertainment Devices.
a. Cannabis storefront retailers shall not use live entertainment in any part of their operation on the parcel(s) on which they are located. This includes, but is not limited to, animals, auctioneers, bands, celebrity appearances (except to the extent educational and related to cannabis per subsection (f)(5) herein), comedians, dancers, disc jockeys, musicians,
performers, and trivia masters, as well as communal gatherings such as art exhibitions, competitions, gaming, movie screenings (except to the extent educational and related to cannabis per subsection (f)(5) herein), sporting, and viewing parties. b. Cannabis storefront retailers shall not use arcade games, board games, billiard tables, card games, carnival games, disc jockey equipment, gaming consoles, immersive reality
technology (e.g., augmented reality and virtual reality), karaoke machines, musical instruments, table games, or similar
entertainment devices in their operation on the parcel(s) on which they are located. Compliance with this subsection requires that no entertainment devices be present within any space occupied by the cannabis storefront retailer.
(15) Loitering and Outdoor Queuing. Cannabis storefront retailers shall actively monitor and prevent persons from loitering on the parcel(s) on which they are located. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall ITEM 8.1 – Exhibit A to Attachment A
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include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:
a. Posting at each entrance and exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that loitering on and around the parcel(s) is prohibited by California Penal Code Section 647(e), as amended from time to time or replaced with a successor statute, and that violators will be reported to local law enforcement;
b. Ensuring that any reception or screening areas through which persons must pass to gain access to the retail area of the cannabis storefront retailer contain sufficient space and seating to accommodate at least 20 percent of the maximum California Building Standards Code-permitted occupancy of the retail area, rounded up to the nearest whole person (e.g., if the maximum occupancy of the retail area is 52 persons, reception or screening areas must contain space and seating for at least 11 persons);
c. Requiring that persons wishing to gain access to the retail area of the cannabis storefront retailer for whom there is insufficient room in reception or screening areas to
accommodate immediately leave the parcel(s) on which the cannabis storefront retailer is located (unless patronizing another occupant of the parcel(s)) and return in no less than 2 hours unless the cannabis storefront retailer has provided individual notification to them via telephone, text message, or email that there is now sufficient room in reception or screening areas;
d. Providing no outdoor seating, whether temporary or
permanent, nor any retaining walls, ornamental fixtures, or similar features at a height of 18 to 36 inches with a width greater than five inches, which are located within 100 feet of any entrance or exit to the cannabis storefront retailer and can reasonably be seen to accommodate or encourage seating, with such determination of reasonability made by the City Manager; ITEM 8.1 – Exhibit A to Attachment A
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e. Providing no fireplaces, fire pits, fire rings, open flames, or similar devices, whether temporary or permanent, on the exterior of the cannabis storefront retailer;
f. Providing no ornamental water features, whether temporary or permanent, on the exterior of the cannabis storefront retailer; g. Providing no shade canopies, shade structures, or umbrellas, whether temporary or permanent, on the exterior of the
cannabis storefront retailer; and
h. Providing no entertainment devices, as described in
subsection (f)(14) herein, on the exterior of the cannabis storefront retailer.
(16) Minors. Cannabis storefront retailers shall actively monitor and prevent persons under the age of 21 from being allowed within the cannabis storefront retailer, except as otherwise specifically provided for by state law. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement and at minimum all of the following:
a. Not employing or allowing any person under the age of 21 to volunteer, apprentice, or otherwise work or provide services on behalf of the cannabis storefront retailer on the parcel(s) on which they are located;
b. Posting at each entrance to the cannabis storefront retailer a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials stating that no person under the age of 21 may enter the cannabis storefront retailer except as specifically provided for by state law;
c. Posting at each exit to the cannabis storefront retailer a clear and legible notice in each of the languages for which the ITEM 8.1 – Exhibit A to Attachment A
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California Voting Rights Act requires the County of Orange to translate elections materials stating that the secondary sale, barter, or distribution of adult-use cannabis is prohibited by state law and that violators will be reported to local law enforcement; and
d. Verifying the age of every person, other than employees, private security and persons conducting official business on behalf of the City, requesting to enter the retail area of the cannabis storefront retailer with an electronic age verification device that scans government-issued photo identification, and by matching government-issued photo identification to a person’s appearance, prior to granting each and every such entry. The electronic age verification device may be mobile or fixed, and shall produce a log of all scans that includes the following minimum information: date, time, name, and age.
Said log shall be retained on a cloud-based server or otherwise off-site for at least 180 calendar days. For persons under the age of 21 allowed within the cannabis storefront retailer, an additional log shall be maintained matching the electronic age verification log with the provision of state law allowing such entry.
(17) Odor Control. Cannabis storefront retailers shall develop, implement, and actively monitor systems and practices to contain cannabis and cannabis-related odors within the cannabis storefront retailer. No cannabis or cannabis-related odor shall be detectable on the exterior of the cannabis storefront retailer, in any interior area of any other occupant of the same parcel(s), or in any interior area accessible in common by any person or other business. Such minimum odor control systems and practices shall include, but not be limited to, the following:
a. Using an exhaust air filtration system with odor control that prevents internal cannabis and cannabis-related odors from being emitted externally, or an air system that creates negative air pressure between the cannabis storefront retailer’s interior and exterior; and
b. Applying weather stripping under and around exterior doors ITEM 8.1 – Exhibit A to Attachment A
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(entire door jamps with appropriate door sweeps and thresholds at bottoms) and between sashes and frames of exterior windows in manners that do not interfere with normal operation thereof.
When cannabis storefront retailers are located in multi-occupant buildings, minimum odor control systems and practices shall also include, but not be limited to, the following:
aa. Sealing cracks and gaps in floors, walls, and around conduit and pipes with silicone or similar material; and
bb. Providing the City and all other occupants with one or more telephone numbers that is (are) answered 24 hours a day, seven days a week, to receive and immediately cause to be addressed odor complaints from any occupant.
(18) Outdoor Activities. Cannabis storefront retailers are prohibited from using any exterior area for display, storage, or special events, the latter as defined by Section 7.20.020 of this Code, subject only to the exemptions set forth in sections 7.20.180(c) and (g) of this Code, except as provided herein. This subsection is not intended to preclude temporary uses as may be allowed by Chapter 13.10 of this Code or the display of signage as may be allowed by Chapter 13.20 of this Code, except as otherwise provided herein.
(19) Overnight Parking. Cannabis storefront retailers shall actively monitor and prevent vehicles not belonging to employees or used regularly for the delivery of cannabis products on behalf of the cannabis storefront retailer to park at the cannabis storefront retailer between the hours of 10 p.m. and 5 a.m. daily. For the purpose of this subsection, “actively monitor” shall include, but not be limited to, employing and training private security to actively identify violations of this subsection, including conducting an on-site inspection at least every 60 minutes during the hours of 10 p.m. and 5 a.m. daily and maintaining detailed records to substantiate the same. For the purpose of this subsection, “prevent” shall include, but not be limited to, making timely reports to local law enforcement, and installing signage, expeditiously posting notices, and towing vehicles in a manner consistent with the California Vehicle Code and other applicable laws. This requirement may alternatively be met by ITEM 8.1 – Exhibit A to Attachment A
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restricting access to the parking lots between the hours of 10 p.m. and 5 a.m. daily through the use of locking, permanent barrier gates; locking, ground-sleeved, removable bollards; or, similar access control systems that are configured in a manner that does not prohibit timely ingress/egress by emergency response vehicles, with such determination made by the City with input from local law enforcement and the Orange County Fire Authority, or successor agency, to the extent the latter two agencies elect to participate. The use of cones, delineators, portable barricades, tape, or similar temporary traffic control devices does not satisfy this requirement. a. Locking, permanent barrier gates; locking, ground-sleeved removable bollards; and, similar access control systems shall be color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an appearance as possible.
b. Locking, permanent barrier gates; locking, ground-sleeved, removable bollards; and, similar access control systems that obstruct access to parking from an accessway or driveway from a public street shall be set back at least 18 feet from the nearest public street right-of-way line.
c. When locking, ground-sleeved, removable bollards or similar access control systems are used to satisfy this requirement, they shall be stored inside the cannabis storefront retailer at all times when not in use.
(20) Product Packaging. Cannabis storefront retailers shall not provide customers with any cannabis product in disposable packaging, wrappers, or similar casings made of polystyrene foam.
(21) Security Measures. In addition to complying with this section, cannabis storefront retailers shall develop, implement, and actively monitor security measures sufficient to protect the health, safety, and welfare of officials, officers, agents, employees, volunteers, associates, customers, visitors, passersby, and all other persons who may enter, cross over, or otherwise interact with parcel(s) on which they are located, whether invited or not, at all times and on all days, regardless of the cannabis storefront retailer’s hours of operation or ITEM 8.1 – Exhibit A to Attachment A
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any other factor. Such minimum security measures shall include, but not be limited to, the following:
a. Installing and maintaining a monitored commercial burglar alarm monitoring system with a feature timely notifying local law enforcement of any intrusions or alarm triggers, which shall at a minimum include all doors and windows and motion within areas containing cash or cannabis products when the cannabis storefront retailer is unattended;
b. Installing and maintaining a video surveillance system which shall continuously record (i) the immediate exterior of the buildings, (ii) all entrances and exits to the buildings and rooms in which cash is regularly stored, (iii) all fixed point of sale locations or at least every 20 feet throughout the entirety of the retail sales area if transactions are accepted in non-fixed locations, (iv) all driveways or other vehicle access points to the parking lots at locations and with lighting sufficient to clearly identify lawfully installed and maintained vehicle license plates, (v) the fence lines between the parcel(s) and any immediately adjacent residential zoned parcel(s) in a manner that does not record any interior residential activities, and (vi) the driver’s side and front passenger’s side of each designated curbside delivery parking space (if any), at all times. Footage from such video surveillance systems shall be retained on a cloud-based server or otherwise off-site for at least 90 calendar days; c. Posting (i) at each entrance and exit to the cannabis storefront retailer, (ii) at each driveway entrance to the cannabis storefront retailer, (iii) on each parking space-fronting side of each parking lot light pole (if any) whether located in dedicated or shared parking lots, and (iv) in front of each designated curbside delivery parking space (if any), a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the video surveillance system. For driveway entrances, parking lot light poles, and designated curbside delivery parking spaces, this requirement may alternatively be met by posting at those same locations a clear and legible, two-color icon of a video surveillance camera ITEM 8.1 – Exhibit A to Attachment A
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on a metal placard measuring at least 12 inches x 12 inches; d. Ensuring that all exterior lights (excluding lighting permitted by the City with permanent signs, which shall be required to comply with such permitting, and motion activated lighting) remains illuminated at least from dusk until dawn each day; e. Providing private security to actively monitor and prevent illegal, criminal, and nuisance activities, and activities inconsistent with this section, at all times when the cannabis storefront retailer is engaged in the retail sale of cannabis, open to any member of the public, accepting deliveries, occupied by one or more employees, and for at least one hour after each day’s end of retail sale of cannabis;
f. Storing all cannabis products in one or more secured and locked rooms, safes, vaults, or similar repositories, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis products used for display purposes and/or immediate sale;
g. Limiting the amount of cash that is present on-site at any single time and storing cash that is present, but not necessary to store in registers or other point-of-sale devices for reasonably anticipated business needs, in one or more time-triggered safes, vaults, or similar repositories where access is only possible after a pre-set period of time not less than 10 minutes elapses after the required credentials are provided, and in a manner as to prevent diversion, theft, and loss;
h. Posting at each entrance and exit to the cannabis storefront retailer, a clear and legible notice in each of the languages for which the California Voting Rights Act requires the County of Orange to translate elections materials indicating the presence of the time-triggered cash repository; and
i. Installing and maintaining on-site backup generator
(including automatic transfer switches), or similar on-site energy source, that is of sufficient capacity and maintained in such condition as to be readily capable of powering all ITEM 8.1 – Exhibit A to Attachment A
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commercial burglar alarm monitoring systems, video
surveillance systems (including associated lighting), telephone systems, access controls, and cash repositories (to the extent connected to building power) for a period of no less than two hours of continuous use when regular energy systems as
provided by the local utility company to the cannabis storefront retailer are inoperable, interrupted, or otherwise experiencing shortages, and without the need for manual switching from local utility to generator power.
1. More than one on-site backup generator or similar onsite energy source may be installed to serve a single cannabis storefront retailer in order to meet the
requirements of this subsection.
2. On-site backup generators and similar on-site energy sources shall be architecturally integrated into one or more concealing structures or otherwise screened from
view from public right-of-way and residential properties by landscaping, topography, roofs, or walls. Roofs shall be color coordinated with underlying walls, if any, and with the building, to provide for as complimentary an
appearance as possible. Walls shall be made of solid,
split face or stuccoed, concrete masonry units that are color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an
appearance as possible. When walls are used to enclose
all sides of on-site backup generators or similar on-site energy sources, locking doors shall be installed to
prevent unauthorized entry, as well as motion activated interior (under roof) lighting. Doors shall be color
coordinated with adjacent walls to provide for as
uniform an appearance as possible. Landscaping shall be used to substantially screen walls over 30 inches in
height.
3. On-site backup generators and similar on-site energy sources shall set back at least 40 feet from any residential zoned parcel and 20 feet from any non-residential zoned parcel, as measured from the outermost boundary lines of ITEM 8.1 – Exhibit A to Attachment A
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the closest parcels, and at least 10 feet from any public street easement or right-of-way.
4. Aside from periodic maintenance and testing, on-site backup generators and similar on-site energy sources
shall only be operated when regular energy systems as
provided by the local utility company to the cannabis
storefront retailers are inoperable, interrupted, or
otherwise experiencing shortages. Maintenance and
testing shall only occur within the hours of 8 a.m. and 8 p.m., Monday through Friday, excluding federal
holidays.
(22) Tobacco and Tobacco Cigarettes. Cannabis storefront retailers shall not engage in the sale, dispensing, distribution, or storage of tobacco or tobacco cigarettes.
(23) Visible Products and Promotions. Cannabis storefront retailers shall not display or place any cannabis product or any other product, or advertisement or promotional display thereof, in a manner in which it is wholly or partially visible from the exterior of any cannabis storefront retailer.
(24) Waste and Recycling – Battery Recycling. Cannabis storefront retailers that sell, dispense, or distribute batteries shall comply with the battery recycling requirements of Chapter 4.22 of this Code, regardless of the amount of annual gross sales.
(25) Waste and Recycling – Receptacles. Cannabis storefront retailers shall store all waste and recycling receptacles for collection – as the number and type may change from time-to-time to meet on-site needs or comply with applicable law – in trash enclosures enclosed by a roofed structure with opaque walls and access point(s), as well as motion activated interior (under roof) lighting. Unless such service is not offered by the City’s solid waste handling services franchisee, all waste and recycling receptacles for collection shall be collected at least three times weekly by the City’s solid waste handling services franchisee and remain locked when not actively attended by an employee thereof or an employee of the City’s solid waste handling services franchisee.
ITEM 8.1 – Exhibit A to Attachment A
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a. Trash enclosures shall not be used for any purpose other than to store all waste and recycling receptacles or collection. b. Trash enclosures used by cannabis storefront retailers shall not be used by any other occupant of the parcel(s) on which the cannabis storefront retailers are located nor any other person. c. Trash enclosure roofs shall be made of solid corrugated metal painted with rust-inhibitive paint and color coordinated with underlying walls/access points and with the building, to provide for as complimentary an appearance as possible. Walls shall be made of solid, split face or stuccoed, concrete masonry units that are color coordinated with adjacent walls and fencing or, if none, with the building, to provide for as uniform an
appearance as possible. Doors and other access points shall be color coordinated with adjacent walls to provide for as uniform an appearance as possible. Landscaping shall be used to substantially screen walls.
d. Trash enclosures may have an open air gap between roofs and underlying walls/access points provided such gap does not exceed 14 inches. For the purpose of this subsection, metal screens and similar stationary, non-opaque elements installed between roofs and underlying walls/access points shall not be considered open air gaps when the openings in such stationary, non-opaque elements do not exceed 1 inch x 1 inch.
e. An accessible path of travel that complies with California Building Standards Code requirements must be provided
between trash enclosures and the cannabis storefront retailer. (g) Obligation to Maintain. Where this section requires the construction, erection, installation, posting, placement, or use of any tangible item, there also exists an obligation for the same to be kept clean, complete, and in good structural and functional working order, and to not be allowed to fall into a state of disrepair, damage, or decrepitude.
(h) Business Tax Rate. In accordance with Chapter 3.18 of this Code, the tax rate to which cannabis businesses holding a Type 10 (storefront retailer) ITEM 8.1 – Exhibit A to Attachment A
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license from the California Department of Cannabis Control, or successor agency, shall be subject is the higher of the two following tax rates:
(1) A minimum tax rate of 10 percent of gross receipts received or generated for each monthly reporting period; or
(2) $35.00 per square foot of floor area (annual tax rate) prorated monthly to 1/12 of the annual tax rate amount.
(i) Violations and Penalties.
(1) This section may be enforced in any manner set forth in this Code, or as otherwise provided by law.
(2) All remedies and penalties prescribed by this section or which are available under any other provision of this Code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this section.
(3) Any person who violates any provision of this section shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this section is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney, and except as otherwise set forth below, the following penalties shall apply:
a. Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this section shall be punishable by a fine of not more than $1,000.00, or by
imprisonment for a period not exceeding six months, or by both such fine and imprisonment.
b. Penalty for Infraction Violation. Any person convicted of an infraction under any provision of this section shall be punished by:
1. A fine not exceeding $100.00 for a first violation;
ITEM 8.1 – Exhibit A to Attachment A
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2. A fine not exceeding $200.00 for a second violation
of the same provision within one year; and
3. A fine not exceeding $500.00 for a third violation and for any additional violation of the same provision within one year.
(4) Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this section is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.
(5) Attorneys’ Fees and Court Costs. In addition to any civil and criminal penalties as provided by the provisions of this section or otherwise, the City may recover reasonable attorneys’ fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this section.
(j) City Manager’s Authority. In addition to all other authority provided by state law, the City Council, and this Code, the City Manager shall have the following authority:
(1) For purposes of administration and enforcement of this section generally, the City Manager may from time to time promulgate such administrative interpretations, rules, and/or procedures consistent with the purpose, intent, and express terms of this section as the City Manager deems necessary to implement or clarify such provisions or aid in enforcement.
(2) The City Manager may delegate to, or enter into contracts with, public agencies or private entities to implement, administer, and/or enforce any of the provisions of this section on behalf of the City. (3) The City Manager may file complaints and reports with the California Department of Cannabis Control, or successor agency, and other state agencies, regarding known or suspected unlicensed or illegal activity by or related to cannabis or cannabis businesses.
8.2 ZONING CODE AMENDMENTS
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ITEM 8.2
CC 08-16-2023 RM ITEM 8.2 – AR Page 1 of 7
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: August 16, 2023 Regular Meeting
SUBJECT: Zoning Code Amendments
Recommendation
Approve second reading and adopt an ordinance – read by title with further reading waived – titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING CHAPTER 13.14 AND SECTIONS
13.04.020, 13.08.010, 13.13.020, 13.15.011, 13.15.015, 13.15.016,
13.15.017, 13.15.020, 13.23.030, AND 13.26.070 OF TITLE 13 (ZONING)
OF THE LAGUNA WOODS MUNICIPAL CODE, AND DETERMINING
AND CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Background
Title 13 of the Laguna Woods Municipal Code contains the Laguna Woods Zoning Code. Per Laguna Woods Municipal Code Section 13.02.010, the Zoning Code is “adopted pursuant to Section 11 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code § 65000 et esq.), the California Environmental Quality Act (Public Resources Code § 21000 et seq.), and other applicable State laws” with a purpose to “promote the public health, safety and general welfare in the City of Laguna Woods.”
The current General Plan Housing Element was adopted by the City Council on March 22, 2023 (available on the City’s website (www.cityoflagunawoods.org) or ITEM 8.2
ITEM 8.2 – AR Page 2 of 7 CC 08-16-2023 RM
at or from City Hall). The Housing Element contain numerous programs that the City is required to implement to comply with state housing element law.
An earlier version of the proposed ordinance was considered by the City Council at the regular meeting on November 16, 2022. Adoption was suspended thereafter in consideration of then-pending updates to the Housing Element. With the California Department of Housing and Community Development (“HCD”) expressing no concern with the manner in which staff has proposed to address the zoning issues discussed below, a new public hearing has been noticed for today’s meeting.
At the regular meeting on July 19, 2023, the City Council conducted a public hearing and voted unanimously 5-0, to approve the introduction and first reading of the ordinance included with this agenda report as Attachment A.
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on proposed amendments of the Laguna Woods Zoning Code (Attachment A).
Staff recommends that the City Council adopt the proposed amendments in order to ensure that the Zoning Code is clear and consistent with applicable law and the General Plan.
While additional Zoning Code amendments will be required in the future as part of the implementation of Housing Element programs, the proposed amendments would represent a significant step in implementing Housing Element programs H1.2.6 and H-1.3.4. The proposed amendments would also make changes necessary to ensure compliance with fair housing laws and repeal outdated provisions related to a land use designation that no longer exists in the General Plan.
Housing Element programs H-1.2.6 and H-1.3.4, as well as a relevant finding provided in HCD’s October 11, 2022 letter (Attachment B), are copied below for ease of reference. A table identifying the rationale for each proposed amendment is also included.
Housing Element Program H-1.2.6
Amend various, existing housing-related provisions of the Laguna Woods Municipal Code to promote regulatory clarity.
ITEM 8.2
CC 08-16-2023 RM ITEM 8.2 – AR Page 3 of 7
• Section 13.23.030(a)(2)c. Delete “private living space.” Note: The language identified for deletion is duplicative within Laguna Woods Municipal Code Chapter 13.23 and is not intended to constrain the development of emergency shelters in a manner that would conflict with Assembly Bill 139 (2019).
• Section TBD. Explicitly identify that low barrier navigation centers are permitted by right in zoning districts where multifamily and mixed uses are permitted, including nonresidential zoning districts permitting multifamily uses pursuant to California Government Code Section 65660.
Note: The City is required to comply with California Government Code Section 65660 irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
• Section TBD. Explicitly identify that zoning is consistent with the Employee Housing Act (California Health and Safety Code Section 17000 et seq.), specifically sections 17021.5 and 17021.6.
Note: The City is required to comply with the Employee Housing Act irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
• Section 13.15.016(5). Explicitly identify that the required finding for applications for reasonable accommodations to not “result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others” is to be interpreted consistent with 42 U.S.C. § 3604(f)(9).
Note: The City is required to comply with 42 U.S.C. § 3604(f)(9) irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2022
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Housing Element Program H-1.3.4
Amend various, existing housing-related provisions of the Laguna Woods Municipal Code to conform to state law.
• Section 13.26.070. Remove the conditional use permit requirement for ITEM 8.2
ITEM 8.2 – AR Page 4 of 7 CC 08-16-2023 RM
community care facilities serving seven to 12 persons located in areas where residential uses are permitted.
• Section 13.06.010(d)(395). Revise the zoning definition of “family” to address inconsistencies with state law related to the occupants of community care facilities.
• Sections 13.15.015 and 13.15.016. Remove the public noticing requirements for applications for reasonable accommodations.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2022
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Excerpted Finding from HCD’s October 11, 2022 Letter
2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).)
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
While the element details the Reasonable Accommodation policy on pg. B19 and B-20, the element should also analyze both the public noticing requirements and the finding that “the request will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others” for consistency with fair housing requirements. For example, HUD/DOJ guidance states, “For an accommodation to be denied, the requested ITEM 8.2
CC 08-16-2023 RM ITEM 8.2 – AR Page 5 of 7
accommodation must cause an undue financial and administrative burden, or it would fundamentally alter the nature of the provider’s operations.” Based on this analysis, the element may need to revise or add programs and address and remove or mitigate any identified constraints.
42 U.S.C. § 3604(f)(9) allows applications for reasonable accommodations to be denied when an individual’s tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. To that end, staff does not believe the finding referenced in HCD’s letter constitutes a constraint to the provision of affordable housing. A minor amendment is proposed to explicitly reference applicable federal law.
While the existing public noticing requirements for applications for reasonable accommodations are intended to identify whether information exists to support a finding of a direct threat, case law (e.g., Township of West Orange v. Whitman, 8 F.Supp.2d 408 (D.N.J. 1998) and Wirtz Realty Corporation v. Freund, 721 N.E.2d 589, 597 (Ill.App. 1999)) makes clear that a high level of objectivity is required when determining whether a direct threat exists. Even when a direct threat exists, the City may be required to approve reasonable accommodations that minimize risk. Due to the complexity of this matter and the potential for HCD to claim that time spent providing public noticing and responding to feedback received (which may or may not relate to municipal matters within the City’s purview such as land use and zoning regulations, policies, and practices) would constitute constraints to the provision of affordable housing, staff recommends deleting the public noticing requirements and, instead, screening applications for objective evidence of a direct threat on a case-by-case basis in a manner consistent with applicable case law.
Table 1: Rational for Proposed Amendments
Laguna Woods
Municipal Code
Section
Rationale
13.04.020 Conformity with General Plan Land Use Element; the Urban Activities Center land use designation was
deleted from the Land Use Element in 2017; the Urban
Activities Center zoning district is not applied to any property and its removal would, therefore, not affect the existing zoning on any property
ITEM 8.2
ITEM 8.2 – AR Page 6 of 7 CC 08-16-2023 RM
13.08.010 (community
care facilities)
Housing Element Program H-1.3.4 (first bullet)
13.08.010 (low barrier
navigation centers)
Housing Element Program H-1.2.6 (second bullet)
13.13.020 Housing Element Program H-1.2.6 (second bullet)
13.14 Conformity with General Plan Land Use Element; the Urban Activities Center land use designation was
deleted from the Land Use Element in 2017; the Urban
Activities Center zoning district is not applied to any property and its removal would, therefore, not affect the existing zoning on any property
13.15.011 Compliance with fair housing laws; updated definitions
13.15.015 Housing Element Program H-1.3.4 (third bullet); HCD Housing Element Findings Letter dated October 11,
2022 (Finding #2)
13.15.016 Housing Element Program H-1.2.6 (fourth bullet); HCD Housing Element Findings Letter dated October 11,
2022 (Finding #2)
13.15.017 Housing Element Program H-1.3.4 (third bullet); HCD Housing Element Findings Letter dated October 11,
2022 (Finding #2)
13.15.020 Compliance with fair housing laws; narrows standing for appeals of decisions on applications for reasonable accommodations to the applicant
13.23.030 Housing Element Program H-1.2.6 (first bullet)
13.26.070 Housing Element Program H-1.3.4 (first bullet) Environmental Review
The City Council is asked to find that this project is not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and section 15060(c)(3) (the activity is not a “project” as defined in Section 15378).
CEQA Guidelines section 15378(b)(2) and (5) exclude “[c]ontinuing administrative ... activities” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from its definition of “project.” The City Council will be asked to find that, even if this item were a “project,” it would be exempt from environmental review under ITEM 8.2
CC 08-16-2023 RM ITEM 8.2 – AR Page 7 of 7
CEQA Guidelines Section 15061(b)(3)’s “general rule” that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
Here, it can be seen with certainty that there is no possibility that this item, in and of itself, will have a significant effect on the environment. On its own, this action will not result in any physical changes to the environment.
Fiscal Impact
Sufficient funds to support this project are included in the City’s budget.
Documents Available for Review
Related documents – including the existing and proposed ordinances, General Plan, Laguna Woods Municipal Code, and findings letters from the California Department of Housing and Community Development – are available for public review at or from City Hall during normal working hours. The General Plan and Laguna Woods Municipal Code are also available for review at www.cityoflagunawoods.org.
Attachments: A – Proposed Ordinance
Exhibit A – Proposed Code Amendments
B – HCD Findings Letter dated October 11, 2022
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ITEM 8.2 – Attachment A
O 23-XX 1 XX-XX-2023
ORDINANCE NO. 23-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, AMENDING CHAPTER 13.14 AND SECTIONS
13.04.020, 13.08.010, 13.13.020, 13.15.011, 13.15.015, 13.15.016,
13.15.017, 13.15.020, 13.23.030, AND 13.26.070 OF TITLE 13 (ZONING)
OF THE LAGUNA WOODS MUNICIPAL CODE, AND DETERMINING
AND CERTIFYING THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Title 13 of the Laguna Woods Municipal Code contains the Laguna Woods Zoning Code; and
WHEREAS, staff has recommended amendments of Chapter 13.14 and sections 13.04.020, 13.08.010, 13.13.020, 13.15.011, 13.15.015, 13.15.016,
13.15.017, 13.15.020, 13.23.030, and 13.26.070 of the Laguna Woods Municipal Code (“Code Amendments”) in order to ensure that the Zoning Code is clear and consistent with applicable law and the General Plan; and WHEREAS, on July 19, 2023, the City Council held a duly noticed public hearing on this Ordinance at which it considered all of the information, evidence, and testimony presented, both written and oral.
THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that (i) each of the recitals to this Ordinance are true and correct, and are adopted herein as findings; (ii) the Code Amendments comply with all applicable requirements of State law; (iii) the Code Amendments will not adversely affect the health, safety, or welfare of the residents within the community; (iv) the Code Amendments are in the public interest of the City of Laguna Woods; and, (v) the Code Amendments are consistent with the Laguna Woods General Plan and its various elements.
SECTION 2. After reviewing the entire project record, the City Council hereby determines and certifies that this Ordinance is not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and section 15060(c)(3) (the activity is not a “project” as defined in Section 15378). CEQA ITEM 8.2 – Attachment A
O 23-XX 2 XX-XX-2023
Guidelines section 15378(b)(2) and (5) exclude “[c]ontinuing administrative ... activities” and “administrative activities of governments that will not result in direct or indirect physical changes to the environment” from its definition of “project.” The City Council will be asked to find that, even if this item were a “project,” it would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3)’s “general rule” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this item, in and of itself, will have a significant effect on the environment. On its own, this action will not result in any physical changes to the environment.
SECTION 3. Chapter 13.14 and sections 13.04.020, 13.08.010, 13.13.020,
13.15.011, 13.15.015, 13.15.016, 13.15.017, 13.15.020, 13.23.030, and 13.26.070 of the Laguna Woods Municipal Code are hereby amended to read as set forth in Exhibit A, attached to this Ordinance and incorporated herein by this reference.
SECTION 4. This Ordinance shall take effect and be in full force and operation thirty (30) calendar days after adoption.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 6. The Mayor shall sign this Ordinance.
SECTION 7. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
SECTION 8. All of the above-referenced documents and information have been and are on file with the City Clerk of the City.
[SIGNATURES ON NEXT PAGE]
ITEM 8.2 – Attachment A
O 23-XX 3 XX-XX-2023
PASSED, APPROVED AND ADOPTED this XX day of XX 2023.
_____________________________________
CYNTHIA S. CONNERS, Mayor
ATTEST:
_____________________________________
YOLIE TRIPPY, CMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
ALISHA PATTERSON, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Ordinance No. 23-XX was duly introduced and placed upon its first reading at a regular meeting of the City Council on the XX day of XX 2023, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the XX day of XX 2023 by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________________________________
YOLIE TRIPPY, CMC, City Clerk
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ITEM 8.2 – Exhibit A to Attachment A
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EXHIBIT A
CODE AMENDMENTS
Section 13.04.020 (“Establishment of districts”) of Chapter 13.04 (“Establishment of Zoning Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (deletions shown with strike through).
Sec. 13.04.020. - Establishment of districts.
The incorporated territory of the City of Laguna Woods is hereby divided into zones or districts, as set forth in this title, as determined and defined by officially adopted zoning map. The zoning district map showing the classifications and boundaries of the districts shall, upon adoption in the manner required by the Planning and Zoning Law, be a part of this chapter.
The following districts are established:
RC Residential Community District
RMF Residential Multifamily District
RT Residential Towers District
NC Neighborhood Commercial District
CC Community Commercial District
PA Professional and Administrative Office District
CF-P Community Facilities–Private District
CF-P/I Community Facilities–Public/Institutional
OS-P Open Space - Passive District
OS-R Open Space - Recreation District
UAC Urban Activities Center District
The “Community Care Facilities (<6 persons)” row in the permitted residential uses table in Section 13.08.010 (“Intent and permitted uses”) of Chapter 13.08 (“Residential Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (deletions shown with strike through):
Districts
Land Use Types RMF RC RT Code References
Community Care
Facilities (<6 persons)
P P P 13.26.070
ITEM 8.2 – Exhibit A to Attachment A
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The permitted residential uses table in Section 13.08.010 (“Intent and permitted uses”) of Chapter 13.08 (“Residential Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add the following row in alphabetical order by “Land Use Types” (additions shown with underlining):
Districts
Land Use Types RMF RC RT Code References
Low Barrier
Navigation Centers
P P P
The permitted community facility uses table in Section 13.13.020 (“Table of permitted uses”) of Chapter 13.13 (“Community Facilities Districts”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to add the following row in alphabetical order by “Land Use Types” (additions shown with underlining):
Community Facilities
Land Use Types Public/Institutional Private Code References Low Barrier
Navigation Centers
P P
Chapter 13.14 (“Urban Activities District (UAC)”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is hereby repealed in its entirety (deletions shown with strike through).
CHAPTER 13.14. - URBAN ACTIVITIES DISTRICT (UAC)
Sec. 13.14.010. - Purpose and intent of district.
To provide for the development of certain parcels within the City utilizing a "specific plan" concept to ensure comprehensive development consistent with performance and development standards as outlined in the land use element of the City's General Plan.
Sec. 13.14.020. - Comprehensive plan required.
ITEM 8.2 – Exhibit A to Attachment A
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Properties designated as UAC shall have an approved comprehensive plan in effect for all properties with such designation within the City prior to improvement of any one parcel within the designated district. Said plan shall be subject to the approval of the City through the procedures for adoption/amendment of a specific plan as outlined in Section 13.24.110, except that it may be initiated by the property owner.
Sec. 13.14.030. - Applicability.
After a comprehensive plan has become effective, all development and uses for UAC designated properties shall thereafter be in compliance with the regulations as outlined in the comprehensive plan and all other applicable zoning district regulations.
Sec. 13.14.040. - Comprehensive plan text.
(a) A text shall be adopted by ordinance that specifies the land use regulations and procedures applicable to all UAC designated parcels. Each land use category shall correspond to one or more identified planning areas on a zoning map exhibit.
(b) When the text refers to any portion of this title and provides for exceptions to the referenced portion, all such exceptions shall be clearly and specifically identified. Regulations for each land use category within the comprehensive plan shall include at least the following:
(1) Purpose and intent statement. Each land use category shall have a general description and a brief summary explaining the purpose and intent of that land use category.
(2) Principal permitted uses section. Each such section shall include a list of uses per the following categories, if applicable:
a. Principal permitted uses not subject to discretionary permit. b. Principal permitted uses subject to a site development permit.
c. Principal permitted uses subject to a use permit.
ITEM 8.2 – Exhibit A to Attachment A
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(3) Accessory permitted uses section. This section shall be included in any land use category where uses, structures, and activities other than main or principal uses are permitted. When a main or principal use is permitted subject to approval of a discretionary permit, ancillary and accessory uses, structures and activities are also permitted subject to approval of the same discretionary permit. (4) Prohibited uses section. Each land use category shall include a prohibited uses section for the purpose of clarifying which land uses and groups of uses, if any, are specifically not permitted. (5) Site development standards section. Development standards shall be provided for each land use category and may include but not be limited to the minimum building site area, maximum building height, minimum building setbacks, signage, minimum net area per unit for multifamily development and off-street parking requirements.
Additional standards for nonresidential development and may be based upon performance criteria commiserate with supporting documentation consistent with the City's General Plan, including technical reports for traffic, fiscal balance, etc. as applicable and shall include but not be limited to requirements for loading, screening, landscaping, lighting and floor area ratio.
(6) Boundary description. A precise description, either by record of survey, or metes and bounds, of the external boundaries of all land regulated by the comprehensive plan shall also be included within the text. Such description shall be consistent with the Zoning Map exhibit.
(7) Conformance with the general plan. A description of how the plan has been developed in conformance with the parameters outlined in the City's land use element, specifically Table LU-4 summary of "Potential Intensity/Density" sections and the criteria as outlined in Section II.C.2 of the General Plan land use element.
Sec. 13.14.050. - Statistical summary.
(a) A statistical summary shall be adopted by ordinance and shall include information regarding the types of uses proposed, consistent with any limitations as outlined in the City's General Plan, the maximum number of ITEM 8.2 – Exhibit A to Attachment A
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dwelling units proposed, the minimum number of acres of open space, the maximum number of acres of nonresidential land, etc. The Director may require any additional statistical information that may be appropriate. (b) All such information shown in the statistical summary shall be consistent with the General Plan and the Zoning Map exhibit of the comprehensive plan. Any proposed change in the statistical summary will required an amendment to the comprehensive plan in the manner required by Section 13.24.110 for specific plans.
Sec. 13.14.060. - Zoning Map exhibit.
The Zoning Map exhibit shall be adopted by ordinance. It shall be drawn in sufficient detail and scale to enable a reader to determine where proposed uses and projects will be located in relation to the City's existing zoning districts and arterial highways. The exterior boundaries of the map shall be precise and consistent with the boundary description included in the comprehensive plan text. Any proposed change in the Zoning Map exhibit will require an amendment in the manner required by Section 13.24.110 for specific plans.
ITEM 8.2 – Exhibit A to Attachment A
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Section 13.15.011 (“Definitions”) of Chapter 13.15 (“Reasonable Accommodations for Persons with Disabilities”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining and deletions shown with strike through):
Sec. 13.15.011. - Definitions.
As used in this chapter, the following items shall have meanings as set forth below:The following words and phrases shall have the meanings set forth below when used in this chapter:
(a) Director means the City Manager or his/her designee. shall mean the City Manager or his/her/their designee.
(b) Disabled or disability means any person who has a physical or mental impairment that substantially limits one or more major life activities, as may be defined by state or federal law. shall have the same meaning as the terms are defined in fair housing laws. (c) Fair housing laws shall mean the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act and their implementing regulations and published caselaw.
(cd) Fundamental alteration means a modification that alters the essential nature of a provider's operations. shall have the same meaning as the term is defined in fair housing laws.
(de) Major life activity means those activities that are of central importance to daily life including, but not limited to, seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking. shall have the same meaning as the term is defined in fair housing laws.
(ef) Physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV) infection, mental retardation, emotional illness, drug addiction (other than addiction caused by ITEM 8.2 – Exhibit A to Attachment A
-7-
current, illegal use of a controlled substance), and alcoholism. shall have the same meaning as the term is defined in fair housing laws. (fg) Reasonable accommodation means a change, exception, or adjustment to a rule, policy, practice, or procedure that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. shall have the same meaning as the term is defined in fair housing laws.
(gh) Reviewing authority means the City Manager or his/her designee. shall mean the City Manager or his/her/their designee.
Section 13.15.015 (“Public notice”) of Chapter 13.15 (“Reasonable Accommodations for Persons with Disabilities”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is hereby repealed in its entirety (deletions shown with strike through).
Sec. 13.15.015. - Public notice.
After the Director has deemed an application for reasonable accommodation as complete, the Director shall provide notice of the request for reasonable accommodation as follows:
(a) In the event that there is no approval, permit, or entitlement sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties that are immediately adjacent to the property that is the subject of the request. (b) In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.
Section 13.15.016 (“Required findings”) of Chapter 13.15 (“Reasonable Accommodations for Persons with Disabilities”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining and deletions shown with strike through):
ITEM 8.2 – Exhibit A to Attachment A
-8-
Sec. 13.15.016. - Required findings.
(a) The written decision to approve, approve with conditions, or deny aAn application for reasonable accommodation shall be based upon the following findings, all of which are required for approvalapproved or approved with conditions unless the reviewing authority makes one or more of the following findings:
(1) The applicant has not demonstrated that the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws; (2) The applicant has not demonstrated that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling; (3) The requested accommodation will not impose an undue financial or administrative burden on the city;
(4) The requested accommodation will not result in a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning; and
(5) The requested accommodation will not, under the specific facts of the case and to the extent consistent with 42 U.S.C. § 3604(f)(9), result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.
(b) In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section.
Section 13.15.017 (“Notice of decision”) of Chapter 13.15 (“Reasonable Accommodations for Persons with Disabilities”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (deletions shown with strike through):
Sec. 13.15.017. - Notice of decision.
ITEM 8.2 – Exhibit A to Attachment A
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(a) The reviewing authority shall notify the applicant of his/her decision by mailing a written determination to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the reviewing authority's decision pursuant to Section 13.15.020.
(b) Notice of the reviewing authority's decision shall also be given to adjoining property owners and/or other interested persons in the same manner as provided in Section 13.15.015 (a) and (b).
Section 13.15.020 (“Appeals”) of Chapter 13.15 (“Reasonable Accommodations for Persons with Disabilities”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (additions shown with underlining and deletions shown with strike through):
Sec. 13.15.020 - Appeals.
An applicant may appeal Tthe decision of the Director to approve, approve subject to conditions, or deny an application for reasonable accommodation shall be subject to appeal to the City Council pursuant to the procedures set forth in Chapter 13.24.050 of the Municipal Code.
Section 13.23.030 (“Development and operational standards”) of Chapter 13.23 (“Emergency Shelters”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (deletions shown with strike through):
Sec. 13.23.030. - Development and operational standards.
Emergency shelters shall comply with all standards provided in this chapter (a) Development standards.
(1) Location and separation. Emergency shelters shall be situated more than 300 feet from another emergency shelter.
(2) Physical characteristics.
ITEM 8.2 – Exhibit A to Attachment A
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a. The maximum number of beds for emergency shelters shall be 20 unless a larger number is approved through a conditional use permit.
b. The maximum number of beds does not apply in situations of Citywide or statewide designated disasters or catastrophic conditions as determined by the City Council or City Manager. c. Emergency shelters shall have adequate private living space, shower and toilet facilities, and secure storage areas for its intended clients.
d. All on-site waiting and client intake areas shall be located in the interior of the emergency shelter and shall be of sufficient size to prevent any such activities from occurring in the exterior of the emergency shelter.
(b) Operational standards.
(1) If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate state and/or federal licensing shall be required.
(2) Emergency shelters shall limit occupancy by each client to no more than 180 days in a 365-day period.
(3) Emergency shelters shall conduct all on-site waiting and client intake activities in the interior of the emergency shelter and prevent any such activities from occurring in the exterior of the emergency shelter.
(4) Emergency shelters shall provide on-site security during all hours of operation, including a minimum of one security guard licensed by the State of California for each 20 clients, unless alternate security arrangements are approved through a conditional use permit. (5) Emergency shelters shall provide on-site management during all hours of operation, including a minimum of one supervisor per emergency shelter and a minimum of one additional attendant for ITEM 8.2 – Exhibit A to Attachment A
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each 20 clients, unless alternate on-site management arrangements are approved through a conditional use permit.
Section 13.26.070 (“Community care facilities”) of Chapter 13.26 (“Special Regulations”) of Title 13 (“Zoning”) of the Laguna Woods Municipal Code is amended to read as follows (deletions shown with strike through):
Sec. 13.26.070. - Community care facilities.
(a) Community care facilities serving six or less persons and large family day care homes shall be permitted in any district or specific plan area zoned for residential uses and shall be regarded as a single-family dwelling for purposes of zoning and land use regulations.
(b) Community care facilities serving seven to 12 persons, except for large family day care homes, shall be permitted in any district, planned community, or specific plan area zoned for residential subject to the issuance of a use permit by the Planning Commission.
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 11, 2022
Christopher Macon, City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
Dear Christopher Macon:
RE: City of Laguna Wood’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Laguna Woods (City) housing element adopted and received for review on August 12, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on September 30, 2022 with Christopher Macon, City Manager; Rebecca Pennington, Development Program Analyst; Ryan Bensley and Ashley Davis, Principals at LSA Associates, Inc.
The adopted housing element addresses most statutory requirements described in HCD’s April 08, 2022 letter; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows.
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A))
As stated in the previous review, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. While the element now includes table AF to demonstrate how programs address fair housing issues, it should still include place-based actions geotargeted to areas of need identified in your Affirmatively Furthering Fair Housing (AFFH) analyses. For example, Census Tract 626.47 scores highest for pollution, Census Tract 626.25 is an outlier in terms of minority composition, Census Tracts 626.22 and 626.25 score lowest in economic ITEM 8.2 - Attachment B
opportunity, and Hispanic and Black populations have lowest access to educational opportunities.
Additionally, actions must have metrics and milestones. While programs include a row for “Quantified Objectives”, many of these are not quantified or contain meaningful metrics. For example, Program H-2.3.1’s quantified objective is “Conforming Code Enforcement Policies.” The City could commit to a metric such as “return approximately X units/year to safe and sanitary conditions. Another example is Program H-2.2.2, which lists the quantitative objective “Report Regarding Investigation; Adopted Incentives (if applicable)”. A quantified metric could be “aim to preserve X at-risk units by end of planning period”.
2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
While the element details the Reasonable Accommodation policy on pg. B-19 and B-20, the element should also analyze both the public noticing requirements and the finding that “the request will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others” for consistency with fair housing requirements. For example, HUD/DOJ guidance states, “For an accommodation to be denied, the requested accommodation must cause an undue financial and administrative burden, or it would fundamentally alter the nature of the provider's operations.” Based on this analysis, the element may need to revise or add programs and address and remove or mitigate any identified constraints.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline ITEM 8.2 - Attachment B
cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and Program H-1.1.1 has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed. Once the City completes the rezone, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City housing element compliance.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the dedication and efforts Christopher Macon, City Manager; and consultants Ryan Bensley and Ashley Davis, provided throughout the course of the housing element review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
ITEM 8.2 - Attachment B
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8.3 2021‐2029 GENERAL PLAN HOUSING
ELEMENT UPDATE
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ITEM 8.3
CC 08-16-2023 RM ITEM 8.3 – AR Page 1 of 4
City of Laguna Woods
Agenda Report
TO: Honorable Mayor and City Councilmembers
FROM: Christopher Macon, City Manager
FOR: August 16, 2023 Regular Meeting
SUBJECT: 2021‐2029 General Plan Housing Element Update
Recommendation
Adopt a resolution titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING REVISIONS TO THE 2021-2029
GENERAL PLAN HOUSING ELEMENT, AND PROVIDING
DIRECTION AND MAKING FINDINGS RELATED TO ADOPTION OF
THE 2021-2029 GENERAL PLAN HOUSING ELEMENT PURSUANT
TO APPLICABLE STATE LAW
Background
The Regional Housing Needs Assessment (“RHNA”) is a process mandated by the State of California’s housing laws to determine existing and future housing needs for each city and unincorporated area. Once housing needs are quantified through the RHNA process, cities and counties are required to take certain land use planning actions to allow for the construction of new housing units to meet those needs. For additional information, please refer to Attachment A/Exhibit A.
From 1969 until the City’s incorporation on March 24, 1999, the County of Orange was responsible for RHNA compliance and land use planning in Laguna Woods.
Beginning on March 24, 1999, those responsibilities transferred locally to the City.
If the City had not incorporated, the County of Orange would have retained the authority to make land use planning decisions affecting Laguna Woods. With the ITEM 8.3
ITEM 8.3 – AR Page 2 of 4 CC 08-16-2023 RM
City, land use planning is within the purview of the locally elected City Council.
The current 6th Cycle RHNA process (for the period of 10/2021–10/2029) resulted in the following housing needs allocation for the City:
Table 1: City’s Housing Needs Allocation
Income Level Number of Units
Very-low income 127 units
Low income 136 units
Moderate income 192 units
Above-moderate income 542 units
Total 997 units
Source: Southern California Association of Governments (“SCAG”) State law requires the City to update its General Plan Housing Element to plan for the 6th Cycle RHNA Housing Needs Allocation.
Please note that neither the RHNA nor General Plan Housing Element Update processes require the City or any private property owner to construct housing or discontinue any existing non-housing use. Frequently asked questions are answered in Attachment A/Exhibit A.
The City Council has held seven public meetings preceding today’s meeting to discuss the General Plan Housing Element. Those meetings occurred on:
• May 5, 2021
• May 19, 2021
• June 2, 2021
• July 21, 2021
• February 9, 2022
• August 12, 2022
• March 22, 2023
Agenda materials and other information from previous City Council meetings are available for public review at or from City Hall during normal working hours and on the City’s website (www.cityoflagunawoods.org/projects).
Discussion
Today’s meeting is an opportunity for City Council action, as well as public input, on proposed revisions to the 2021-2029 General Plan Housing Element Update ITEM 8.3
CC 08-16-2023 RM ITEM 8.3 – AR Page 3 of 4
(Attachment A), based on findings from HCD reported to the City on May 22, 2023. Staff recommends adoption of the proposed resolution.
If the City Council adopts the proposed revised 2021‐2029 General Plan Housing Element Update at today’s meeting, the General Plan Housing Element would be submitted to HCD for review as required by California Government Code Section 65585. HCD would then have 60 days to report its findings to the City and indicate whether further revisions are necessary to substantially comply with state law.
HCD Review Findings
On March 23, 2023, the adopted General Plan Housing Element and HCD Housing Element Sites Inventory Form were submitted to HCD for review, as required by California Government Code Section 65585. HCD’s findings were reported to the City in a letter dated May 22, 2023 (Attachment B). The proposed revised 2021- 2029 General Plan Housing Element Update includes revisions to comply with state law (Attachments C and D).
HCD Housing Element Sites Inventory Form
California Government Code Section 65583.3 requires the housing sites inventory portion of the General Plan Housing Element to be prepared using standards, form, and definitions adopted by HCD. The information required to complete HCD’s Housing Element Sites Inventory Form for the proposed revised 2021-2029 General Plan Housing Element Update is unchanged from the versions adopted by the City Council on February 9, 2022, August 12, 2022, and March 22, 2023 and is included as Attachment F. The electronic spreadsheet version of the information is available on the City’s website (www.cityoflagunawoods.org/projects). Interested parties may also contact the City Clerk’s Office at [email protected] or (949) 639-0512 to obtain an emailed copy of the electronic spreadsheet.
Environmental Review
The City Council adopted a Negative Declaration for the 2021-2029 General Plan Housing Element Update on February 9, 2022, in conformance with the provisions of the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Procedures, which found that the 2021-2029 General Plan Housing Element Update will have less than significant effects on the environment.
ITEM 8.3
ITEM 8.3 – AR Page 4 of 4 CC 08-16-2023 RM
The proposed revised 2021-2029 General Plan Housing Element Update contains administrative revisions to ensure compliance with State Housing Element Law and remains consistent with the project evaluated in the Initial Study and Negative Declaration for the 2021-2029 General Plan Housing Element Update that was adopted on February 9, 2022. No additional CEQA analysis of the revised 2021- 2029 General Plan Housing Element is required.
Fiscal Impact
Sufficient funds to support the preparation and adoption of the 2021‐2029 General Plan Housing Element Update are included in the City’s budget.
Staff anticipates that supplemental General Fund budget appropriations will be necessary to complete the state-mandated implementation of the programs included in the General Plan Housing Element, the extent of which is not yet known, but will be estimated after HCD finds the 2021‐2029 General Plan Housing Element Update and its programs to be in substantial compliance with state law.
Attachments: A – Proposed Resolution
Exhibit A – Proposed General Plan Housing Element
B – HCD Findings Letter dated May 22, 2023
C – Draft City Response to HCD Findings Letters dated May 22, 2023 D – Revisions for Proposed General Plan Housing Element (redline) E – Information Required to Complete HCD’s Housing Element Sites Inventory Form for the Proposed Revised General Plan Housing Element
ITEM 8.3
Attachment A
Proposed Resolution
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ITEM 8.3 – Attachment A
R 23-XX 1 XX-XX-2023
RESOLUTION NO. 23-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, CALIFORNIA, ADOPTING REVISIONS TO THE 2021-2029
GENERAL PLAN HOUSING ELEMENT, AND PROVIDING
DIRECTION AND MAKING FINDINGS RELATED TO ADOPTION OF
THE 2021-2029 GENERAL PLAN HOUSING ELEMENT PURSUANT
TO APPLICABLE STATE LAW
WHEREAS, California Government Code Section 65300 requires every city to adopt a comprehensive, long-term general plan to guide physical development of the city and of any land outside its boundaries which, in the City’s judgment, bears relation to its planning; and
WHEREAS, California Government Code Section 65302 requires general plans to include a housing element with specific requirements for form and content set forth in California Government Code Section 65580 et al.; and WHEREAS, California Government Code Section 65588 requires general plan housing elements to be updated on either a five- or eight-year cycle; and WHEREAS, as required by and in accordance with state law, the City prepared an update of its General Plan Housing Element covering the 6th Cycle Planning Period spanning October 2021 through October 2029 and planning for the Regional Housing Needs Assessment’s 6th Cycle Housing Needs Allocation of 997 housing units, which was adopted by the City Council on February 9, 2022 and revised by the City Council on August 12, 2022 and March 22, 2023 (“2021- 2029 General Plan Housing Element Update”); and
WHEREAS, subsequent to the adoption of the 2021-2029 General Plan Housing Element Update, the City received and considered findings from the California Department of Housing and Community Development (“HCD”) dated May 22, 2023, and made corresponding revisions to comply with state law, which are incorporated into the revised 2021-2029 General Plan Housing Element Update attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, based on the factors described in the revised 2021-2029 General Plan Housing Element Update [including, but not limited to, the analysis contained in Exhibit C (Housing Sites Inventory and Analysis) thereto, supported by the goals, policy objectives, and programs set forth in the General Plan Housing ITEM 8.3 – Attachment A
R 23-XX 2 XX-XX-2023
Element], the City Council finds that the existing uses on the 17 potential housing sites identified in the housing sites inventory to accommodate the Regional Housing Needs Assessment for lower income households are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the planning period; and WHEREAS, the City Council adopted a Negative Declaration for the 2021- 2029 General Plan Housing Element Update on February 9, 2022, in conformance with the provisions of the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Procedures, which found that the 2021-2029 General Plan Housing Element Update will have less than significant effects on the environment; and WHEREAS, the City Council finds that the revised 2021-2029 General Plan Housing Element Update contains administrative revisions to ensure compliance with State Housing Element Law and remains consistent with the project evaluated in the Initial Study and Negative Declaration for the 2021-2029 General Plan Housing Element Update that was adopted on February 9, 2022, and no additional CEQA analysis of the revised 2021-2029 General Plan Housing Element is required; and
WHEREAS, the City complied with California Assembly Bill 215 (2021- 2022) by (a) posting the draft revised 2021-2029 General Plan Housing Element Update, including the HCD Housing Element Sites Inventory Form, for public review on its website, and (b) emailing a link to the documents to all individuals and organizations that previously requested notices related to the 2021-2029 General Plan Housing Element Update, on August 4, 2023; and WHEREAS, on August 16, 2023, the City Council held a duly noticed public meeting regarding the revised 2021-2029 General Plan Housing Element Update at which the members of the City Council, utilizing their independent judgement, reviewed and considered all of the information, evidence, and testimony presented, both written and oral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA
WOODS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
ITEM 8.3 – Attachment A
R 23-XX 3 XX-XX-2023
SECTION 2. The City Council hereby adopts the revised 2021-2029 General Plan Housing Element Update (Exhibit A), subject to the City Manager modifying the revised 2021-2029 General Plan Housing Element Update to include information regarding the meeting at which it was adopted, including date, time, participation, noticing/posting, public comments, and votes taken/cast.
SECTION 3. The City Manager is directed to promptly submit a copy of the adopted revised 2021-2029 General Plan Housing Element Update to HCD, as required by California Government Code Section 65585(g), and to the El Toro Water District, as required by California Government Code Section 65589.7(a).
SECTION 4. The Mayor shall sign this resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED AND ADOPTED on this XX day of XX 2023. _______________________________
CYNTHIA S. CONNERS, Mayor
ATTEST:
________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.3 – Attachment A
R 23-XX 4 XX-XX-2023
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF LAGUNA WOODS )
I, YOLIE TRIPPY, City Clerk of the City of Laguna Woods, do HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly adopted by the City Council of the City of Laguna Woods at a regular meeting thereof, held on the XX day of XX 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
YOLIE TRIPPY, CMC, City Clerk
ITEM 8.3
Exhibit A to Attachment A
Proposed General Plan Housing Element
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6TH CYCLE (2021-2029)
AUGUST 2023
CITY OF LAGUNA WOODS
GENERAL PLAN
HOUSING ELEMENT
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INTRODUCTION
California Government Code Section 65300 requires each city to adopt a comprehensive, long-term general plan to guide physical development. The Laguna Woods General Plan reflects the City of Laguna Woods’ intentions about land use and its relationship to circulation, conservation, housing, noise, open space, and safety. This element identifies priority housing issues in Laguna Woods and sets forth goals and policies to achieve balance between the needs of the community and future development.
PURPOSE AND SCOPE
State law requires that general plans include a housing element, as follows:
California Government Code Section 65302(c): [The general plan must include] a housing element as provided in [California Government Code] Article 10.6 (commencing with Section 65580).
California Government Code Section 65583: The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
California Government Code Section 65583(a)(3) specifically requires that housing elements include “an inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites.” For the purpose of that requirement, “housing needs for a designated income level” are quantified through the Regional Housing Needs Assessment (RHNA), which is discussed further in this element.
Additional statutory requirements related to the development and adoption
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of housing elements are contained in California Government Code sections 65580 through 65589.
This element addresses the following priority issues:
• Housing development
• Housing conservation
• Affirmatively furthering fair housing
• Housing element implementation
REGIONAL HOUSING NEEDS ASSESSMENT
The Regional Housing Needs Assessment (RHNA) is a process mandated by the State of California’s housing laws to determine existing and future housing needs for each city and unincorporated area. Once housing needs are quantified through the RHNA process, cities and counties are required to take certain land use planning actions to allow for the construction of new housing units to meet those needs, including updating of housing elements.
The RHNA process is foundational to this element and, as such, the following information is provided to promote clarity and a common understanding of both the RHNA process and the City’s associated obligations.
FREQUENTLY ASKED QUESTIONS
Is the RHNA process new?
No. The RHNA process began in 1969 and has occurred on regular “cycles” since then. From 1969 until the City’s incorporation on March 24, 1999, the County of Orange was responsible for RHNA compliance and land use planning in Laguna Woods. Beginning on March 24, 1999, those responsibilities transferred locally to the City.
How does the RHNA process determine housing needs?
The California Department of Housing and Community Development (HCD) is responsible for determining housing needs for each region’s “council of
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governments,” which for Laguna Woods is the Southern California Association of Governments (SCAG). The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities.
HCD starts with demographic population information from the California Department of Finance and then applies a formula intended to increase housing supply and further other housing-related objectives established by the California State Legislature (see California Government Code Section 65584).
After receiving HCD’s housing needs determination, SCAG allocates HCD’s determination between individual cities and unincorporated areas. For the current 6th Cycle RHNA process (10/2021 - 10/2029 planning period), SCAG’s allocation methodology considered factors including, but not limited to, anticipated household growth, job and transit accessibility, and social equity (the distribution of housing by income categories).
Table H-1 summarizes the City’s current housing needs allocation.
Table H-1: 6th Cycle RHNA Housing Needs Allocation
Income Level Number of Units
Very-low income 127
Low income 136
Moderate income 192
Above-moderate income 542
Total 997
What does the RHNA process require of the City?
The City is required to zone sufficient land to allow for the construction of new housing units to meet its housing needs allocation. Such land must be “suitable for residential development,” which state law generally defines as including vacant land, residential land upon which additional housing units could be constructed, and nonresidential land that could be redeveloped to include new housing units (California Government Code Section 65583.2(a)). Such zoning must be “by right,” which means that the City is required to allow new
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housing construction without requiring conditional use permits or other discretionary approvals that would constitute a “project” under the California Environmental Quality Act (CEQA).
How does the City’s General Plan Housing Element relate to the RHNA process? State law requires that all cities update their general plan housing elements on either a five- or eight-year cycle (California Government Code Section 65588).
The City is on an eight-year cycle with its most recent update due on October 15, 2021. Prior to adopting an updated General Plan Housing Element, the City is required to demonstrate to HCD that the update adequately plans for the City’s housing needs allocation and otherwise complies with applicable state law (California Government Code sections 65583 and 65585).
Does the City have the ability to zone private property? Yes. State law requires the City to designate “the proposed general distribution and general location and extent of the uses of the land” within city limits, including both “public and private uses of land” (California Government Code Section 65302(a)). All public and private property in Laguna Woods, with the exception of public roads, is presently zoned and has been since the community was first constructed.
Does the RHNA process require the City to construct housing? No. State law is explicit that the City is not required to “expend local revenues for the construction of housing, housing subsidies, or land acquisition” (California Government Code Section 65589(a)(1)).
Does the RHNA process require private property owners to construct housing? No. While state law requires zoning sufficient to accommodate the City’s housing needs allocation, it does not require the use of that property to be limited to the construction of new housing units nor does it require property owners to construct housing or discontinue any existing non-housing uses. If a property owner does not wish to construct housing, zoning that allows such construction only presents an option for the future.
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Who makes the decision to construct housing?
Housing construction requires interested property owners and interested developers. No party is obligated to construct housing or discontinue any existing non-housing uses, regardless of how property is zoned.
Does the RHNA process allow the City to permit only senior housing? No. State law specifies that the RHNA process is intended to address the “housing need of persons at all income levels” with goals including “increasing the housing supply and the mix of housing types, tenure, and affordability” (California Government Code Section 65584). While property owners may choose to construct age-restricted housing, state law does not allow the City to place such a restriction on properties for the purpose of accommodating the City’s housing needs allocation.
Does the City receive credit for existing affordable housing units? No. The RHNA process is focused on future housing needs. For the 6th Cycle RHNA process, credit was only provided for housing units approved, permitted, or built on or after June 30, 2021.
AFFIRMATIVELY FURTHERING FAIR HOUSING
California Assembly Bill 686 (2018) chaptered into law an obligation for cities and other public agencies to “administer […] programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing.” California Government Code Section 8899.50(a)(1) defines “affirmatively furthering fair housing” as “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining
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compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development.”
GOALS, POLICY OBJECTIVES, AND PROGRAMS
This element is organized to be consistent with the other elements of the Laguna Woods General Plan. Goals and policy objectives provide declarative statements that set forth the City’s approach to each of the priority issues.
Goals: General statements of desired outcomes.
Policy Objectives: Specific commitments to support decisions and actions consistent with a stated goal. Policy objectives provide guidance to the City Council, City advisory committees, and City staff when reviewing development applications and making other decisions that affect growth, conservation, and development.
As required by California Government Code Section 65583(c), this element also identifies programs that the City is undertaking or intends to undertake to implement the policy objectives and achieve the goals and policy objectives of the housing element during the planning period (10/2021 - 10/2029).
Priority Issue 1. HOUSING DEVELOPMENT.
Goal H-1. Enable the development of housing necessary to accommodate current and projected housing needs, including for lower-income households and other special needs populations.
Policy Objective H-1.1. Make sites available to accommodate current and projected housing needs for groups at all income levels, in accordance with California Government Code Section 65583(c)(1).
Program H-1.1.1. Rezone the 17 potential housing sites identified in the Housing Sites Inventory and Analysis (Exhibit C) to accommodate the City’s housing needs allocation (Table H-1).
Primary Responsibility: Planning & Environmental Services Department
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Anticipated Timeline: Calendar Year 2023
Anticipated Funding: California Senate Bill 2 (2017) Planning Grant Quantified Objectives: See Table N in Exhibit C
Note: The rezoning process will include the creation of four new overlay zoning districts and the adoption of minimum density and development standards for each. Specific commitments in the rezoning process include, but are not limited to, (1) complying with applicable provisions of California Government Code Section 65583.2 (h), (i), et al., including accommodating at least 50% of the lower-income housing needs allocation on sites designated for residential use only (for non-mixed use projects) and by requiring residential use to occupy 50% of the total floor area of mixed-use projects, (2) permitting housing projects by right, as required by state law, (3) permitting owner-occupied and rental multifamily uses by right for housing projects in which 20% or more of the housing units are affordable for lower-income households, (4) establishing densities for potential housing sites as specified in Table N in Exhibit C, and (5) allowing the development of housing projects as standalone uses on each potential housing site.
Policy Objective H-1.2. Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
Program H-1.2.1. Continue to maintain website information regarding fees, exactions, and affordability requirements imposed by the City that are applicable to housing development projects, in accordance with California Government Code Section 65940.1.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
Quantified Objectives: Conforming Website Information
Program H-1.2.2. Prepare and maintain a webpage with information related to the 17 potential housing sites identified in the Housing Sites Inventory and Analysis (Exhibit C), including a Geographic Information System (GIS) map layer with geospatial information.
Primary Responsibility: Planning & Environmental Services Department
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Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Webpage and GIS Map Layer Program H-1.2.3. Conduct a market study and then amend the existing inclusionary housing ordinance to modify the minimum percentages of new housing units that must be deed-restricted for extremely low, very low, and low-income households, as feasible and advantageous to promote the development of affordable housing.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Market Study and Conforming Ordinance (if applicable) that promotes the development of
affordable housing
Note: In accordance with HCD’s “Housing Element Site Inventory Guidebook Government Code Section 65583.2” memorandum dated June 10, 2020, amendment of the ordinance will follow consultation with both for-profit and nonprofit developers to determine an appropriate mix of incomes that make development feasible in Laguna Woods. The City will also consult with housing advocates. When applied to rental housing, the ordinance will include options for the developer to meet the inclusionary requirements other than exclusively requiring building affordable units on site.
Program H-1.2.4. Adopt an ordinance creating an expedited and feereduced lot consolidation process for consolidations involving any one or more adjacent residentially zoned parcels (including, but not limited to, the potential housing sites identified in the Housing Sites Inventory and Analysis (Exhibit C)) for the purpose of incentivizing or making more financially feasible housing projects in which at least 5% of housing units are affordable for extremely low income households; at least 10% of housing units are affordable for very low or low-income households; or, at least 50% of housing units are affordable for moderate-income households. To be eligible, the affordable housing units shall be subject to an affordability covenant for at least 55 years.
Primary Responsibility: Planning & Environmental Services Department
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Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance; facilitation of expedited and fee reduced lot consolidation processes for all
(100%) eligible lot consolidation requests
Note: While the consolidation of potential housing sites is not assumed or relied upon in the implementation of this Housing Element, this program is intended to incentivize and make more financially feasible housing projects.
Program H-1.2.5. Adopt an ordinance waiving or reducing City building permit fees for housing projects in which at least 5% of housing units are affordable for extremely low income households; at least 10% of housing units are affordable for very low or low-income households; or, at least 50% of housing units are affordable for moderate-income households. To be eligible, the affordable housing units shall be subject to an affordability covenant for at least 55 years.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance; waiver or reduction of City building permit fees for all (100%) eligible housing
projects when such eligibility is known to City
Program H-1.2.6. Amend various, existing housing-related provisions of the Laguna Woods Municipal Code to promote regulatory clarity. • Section 13.23.030(a)(2)c. Delete “private living space.” Note: The language identified for deletion is duplicative within Laguna Woods Municipal Code Chapter 13.23 and is not intended to constrain the development of emergency shelters in a manner that would conflict with Assembly Bill 139 (2019).
• Section TBD. Explicitly identify that low barrier navigation centers are permitted by right in zoning districts where multifamily and mixed uses are permitted, including nonresidential zoning districts permitting multifamily uses pursuant to California Government Code Section 65660.
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Note: The City is required to comply with California Government Code Section 65660 irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
• Section TBD. Explicitly identify that zoning is consistent with the Employee Housing Act (California Health and Safety Code Section 17000 et seq.), specifically sections 17021.5 and 17021.6.
Note: The City is required to comply with the Employee Housing Act irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
• Section 13.15.016(5). Explicitly identify that the required finding for applications for reasonable accommodations to not “result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others” is to be interpreted consistent with 42 U.S.C. § 3604(f)(9).
Note: The City is required to comply with 42 U.S.C. § 3604(f)(9) irrespective of whether explicit language is adopted as part of the Laguna Woods Municipal Code.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Program H-1.2.7. Formalize written procedures for the application and processing of housing projects eligible for streamlined, ministerial approval pursuant to California Government Code Section 65913.4.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Policy
Note: The City is required to comply with California Government Code Section 65913.4 irrespective of whether procedures are formalized in writing.
Program H-1.2.8. Investigate potential incentives for the development of housing projects with features that exceed the minimum requirements
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set forth in the California Building Energy Efficiency Standards. If feasible and economical, adopt such incentives.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Within 11 Months of Each Triennial California Building Standards Code Effective Date for
Investigation
Anticipated Funding: General Fund
Quantified Objectives: Report Regarding Investigation;
Adopted Incentives (if applicable) that result in the
development of housing projects with features that
exceed the minimum requirements set forth in the
California Building Energy Efficiency Standards for
15% or more of housing projects over the 10/2021 -
10/2029 planning period
Policy Objective H-1.3. Provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.
Program H-1.3.1. Continue to consider transitional housing a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zoning district.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Program H-1.3.2. Continue to consider supportive housing a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zoning district.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
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Program H-1.3.3. Continue to permit supportive housing by right in all zoning districts where multifamily and mixed uses are permitted.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Program H-1.3.4. Amend various, existing housing-related provisions of the Laguna Woods Municipal Code to conform to applicable law. • Section 13.26.070. Remove the conditional use permit requirement for community care facilities serving seven to 12 persons located in areas where residential uses are permitted.
• Section 13.06.010(d)(395). Revise the zoning definition of “family” to address inconsistencies with state law related to the occupants of community care facilities.
• Sections 13.15.015 and 13.15.017. Remove the public noticing requirements for applications for reasonable accommodations.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Policy Objective H-1.4. Incentivize and promote the creation of accessory dwelling units that can be offered at affordable rent for very low, low-, or moderate-income households.
Note: While the creation of accessory dwelling units is not assumed or relied upon in the implementation of this Housing Element, this policy objective and programs H-1.4.1 through H-1.4.3 are intended to comply with state law and encourage the creation of accessory dwelling units when such interest exists.
Program H-1.4.1. Continue to maintain an ordinance that conforms to the provisions of California Government Code Section 65852.2 related to accessory dwelling units and junior accessory dwelling units, including amending the ordinance as necessary.
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Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance
Program H-1.4.2. Prepare and maintain a webpage with information related to Laguna Woods Municipal Code requirements, processing procedures, and incentives pertaining to the development of accessory dwelling units and junior accessory dwelling units. Prepare and maintain a flyer with related information.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Webpage and Flyer
Program H-1.4.3. Designate and maintain a “specialist” to assist with the processing and approval of applications to develop accessory dwelling units and junior accessory dwelling units.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2022
Anticipated Funding: General Fund
Quantified Objectives: Designated Specialist
Policy Objective H-1.5. Make sites available to accommodate emergency housing needs for homeless persons and families, in accordance with California Government Code Section 65583(a)(7).
Program H-1.5.1. Continue to maintain an ordinance that conforms to the provisions of California Government Code Section 65583 related to emergency shelters, including amending the ordinance as necessary.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Ongoing
Anticipated Funding: General Fund
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Quantified Objectives: Conforming Ordinance
Priority Issue 2. HOUSING CONSERVATION.
Goal H-2. Support the conservation of housing necessary to accommodate current and projected housing needs, including for lower-income households and other special needs populations.
Policy Objective H-2.1. Conserve and improve the condition of the existing affordable housing stock.
Program H-2.1.1. Prepare and maintain a webpage with information on home improvement-related financial assistance opportunities available to extremely low, very low, and low-income households. Train City staff to make referrals using the webpage.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Webpage and Evidence of Training Program H-2.1.2. Investigate potential incentives for property owners to extend and/or expand existing affordability covenants beyond the planned expiration date and/or current number of housing units, with an emphasis on incentivizing (i) affordability covenants for extremely low and very low income housing units, and (ii) affordability covenants that apply to housing units in a range of sizes. If feasible and economical, adopt such incentives.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2024 for Investigation Anticipated Funding: General Fund
Quantified Objectives: Report Regarding Investigation;
Adopted Incentives (if applicable) that result in
affordability covenants being extended and/or
expanded beyond the planned expiration date
and/or current number of housing units for 25% or
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more of subject housing units over the 10/2021 -
10/2029 planning period
Policy Objective H-2.2. Promote accessible and accommodating housing options for persons with special needs.
Program H-2.2.1. Prepare and maintain a webpage with information on home improvement-related financial assistance opportunities available to persons with special needs. Train City staff to make referrals using the webpage.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Webpage and Evidence of Training Program H-2.2.2. Adopt an ordinance waiving or reducing City building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability, as provided for by California Health and Safety Code Section 17951.7. Consider including provisions allowing for similar building permit fee waivers or reductions for improvements to the home of a person with a qualifying disability that are made to accommodate that disability, regardless of age. Prepare and maintain a flyer with related information.
Conduct annual outreach to nonprofit organizations known to provide medical or social services to residents with disabilities. Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their comparatively lower economic domain scores from the TCAC/HCD Opportunity Map.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance and Flyer, and Evidence of Outreach; waiver or reduction of City building
permit fees for all (100%) eligible improvements
when such eligibility is known to City; outreach to
50% of residential addresses in census tracts falling
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within the lowest 50% of economic domain scores
from the TCAC/HCD Opportunity Map assigned to
census tracts within Laguna Woods
Program H-2.2.3. Provide opportunities for reimbursements, grants, or other forms of financial assistance to support home improvements that increase accessibility or functionality for persons with special needs.
Conduct annual outreach to nonprofit organizations known to provide medical or social services to residents with special needs. Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their comparatively lower economic domain scores from the TCAC/HCD Opportunity Map.
Primary Responsibility: Engineering & Infrastructure Services Department Anticipated Timeline: Calendar Year 2022 (as funding permits) Anticipated Funding: State Permanent Local Housing Allocation monies Quantified Objectives: Financial Assistance Opportunities and Evidence of Outreach; provision of financial assistance
benefiting four or more housing units per 12-month
period; outreach to 50% of residential addresses in
census tracts falling within the lowest 50% of
economic domain scores from the TCAC/HCD
Opportunity Map assigned to census tracts within
Laguna Woods
Policy Objective H-2.3. Promote housing conservation and revitalization.
Program H-2.3.1. Formalize a proactive code enforcement program that focuses on housing-related rehabilitation needs, results in repairs, and seeks to mitigate potential cost, displacement, and relocation impacts on residents.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2025
Anticipated Funding: General Fund
Quantified Objectives: Conforming Code Enforcement Policies; resolve 25% or more proactive code enforcement cases related
to housing-related rehabilitation needs within 12
months of initiation
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Priority Issue 3. AFFIRMATIVELY FURTHERING FAIR HOUSING.
Goal H-3. Administer housing and community development programs and activities in a manner to affirmatively further fair housing for all persons.
Policy Objective H-3.1. Enhance access to housing.
Program H-3.1.1. Improve pedestrian accessibility on sidewalks, curb ramps, crosswalks, and other public property connecting housing with transit stops, public buildings, businesses, and educational institutions.
Prioritize improvements based on factors including:
• The California Office of Environmental Health Hazard Assessment’s California Communities Environmental Health Screening Tool (“CalEnviroScreen") scores for individual census tracts, with an emphasis on undertaking improvements in and around Census Tract 626.47 due to its comparatively higher CalEnviroScreen score, as feasible and economical; and
• Education domain scores from the California Tax Credit Allocation Committee (“TCAC”)/HCD Opportunity Map, with an emphasis on undertaking improvements in and around Census Tract 626.22 due to its comparatively lower scores, as feasible and economical.
Primary Responsibility: Engineering & Infrastructure Services Department Anticipated Timeline: Ongoing (as funding permits)
Anticipated Funding: Community Development Block Grants (CDBG) Quantified Objectives: Ongoing Effort; expend 15% or more of monies allocated to pedestrian accessibility improvements
in and around census tracts falling within the
highest 50% of CalEnviroScreen scores assigned to
census tracts within Laguna Woods and within the
lowest 50% of education domain scores from the
TCAC/HCD Opportunity Map assigned to census
tracts within Laguna Woods
Note: “Monies allocated to pedestrian accessibility improvements” does not include the proceeds of disaster relief or recovery awards; grant awards for which eligibility or competitiveness considerations resulted in applications or the acceptance of monies for work not wholly consistent with this program;
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restricted donations; monies allocated to address emergencies or other timesensitive matters of public health, safety or welfare; or, similar monies.
Program H-3.1.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mobility counseling services. If feasible and economical, implement such services.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Biennial Process to Identify Interested and Qualified Service Providers; Beginning in Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Service Provider Identification Processes; Implemented Services (if applicable) that benefit
four or more households per 12-month period
Note: The services called for in this program are intended to reach a broad audience. Strategies for doing so may include utilizing a variety of methods; marketing services in a broad, proactive, accessible, and multilingual manner, including targeting specific areas and needs; providing remote participation opportunities for ease of access for the general public, including persons with disabilities; and, consulting with relevant organizations. Translation services and reasonable accommodations for persons with disabilities will be provided in accordance with applicable law and City policy.
Program H-3.1.3. Adopt an ordinance waiving or reducing City building permit fees, or providing other incentives, for housing projects that prepare and implement an affirmative marketing plan designed to attract renters or buyers of diverse demographics, including persons of any race, color, religion, sex, handicap, familial status, or national origin.
Prioritize incentives based on factors including racial concentrations from U.S. Census Bureau data products, with an emphasis on avoiding the creation of geographically discernable patterns of segregation or racially concentrated areas of poverty.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Ordinance; preparation and implementation of affirmative marketing plans by
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50% or more of housing projects over the 10/2021 -
10/2029 planning period
Policy Objective H-3.2. Protect existing residents from displacement.
Program H-3.2.1. Prepare and maintain a webpage with information on housing mediation, foreclosure assistance, and multilingual tenant legal counseling services. Train City staff to make referrals using the webpage.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Conforming Webpage and Evidence of Training; referral of all (100%) service-interested residents
when such service-interest is known to City
Program H-3.2.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mediation, foreclosure assistance, tenant legal counseling services, and vocational counseling services. If feasible and economical, implement such services.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Biennial Process to Identify Interested and Qualified Service Providers; Beginning in Calendar Year 2023
Anticipated Funding: General Fund
Quantified Objectives: Service Provider Identification Processes; Implemented Services (if applicable) that benefit
four or more households per 12-month period
Note: The services called for in this program are intended to reach a broad audience. Strategies for doing so may include utilizing a variety of methods; marketing services in a broad, proactive, accessible, and multilingual manner, including targeting specific areas and needs; providing remote participation opportunities for ease of access for the general public, including persons with disabilities; and, consulting with relevant organizations. Translation services and reasonable accommodations for persons with disabilities will be provided in accordance with applicable law and City policy.
Program H-3.2.3. Investigate potential hazard mitigation measures that
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would reduce or eliminate the long-term risk of residential displacement as a result of future disasters. If feasible and economical, implement such hazard mitigation measures. Prioritize improvements based on factors including economic domain scores from the TCAC/HCD Opportunity Map for individual census tracts, with an emphasis on undertaking improvements in and around census tracts 626.22 and 626.48 due to their comparatively lower scores, as feasible and economical.
Primary Responsibility: Public Safety Services Department Anticipated Timeline: Calendar Year 2025 for Investigation Anticipated Funding: General Fund
Quantified Objectives: Report Regarding Investigation;
Implemented Measures (if applicable); expend 15%
or more of monies allocated to hazard mitigation
measures in and around census tracts falling within
the lowest 50% of economic domain scores from
the TCAC/HCD Opportunity Map assigned to
census tracts within Laguna Woods
Note: The investigation called for in this program is a necessary precursor to the potential identification of implementable measures and associated timelines.
The report regarding investigation will provide greater specificity including, as applicable, clear commitments and milestones, and measurable outcomes.
Note: “Monies allocated to hazard mitigation measures” does not include the proceeds of disaster relief or recovery awards; grant awards for which eligibility or competitiveness considerations resulted in applications or the acceptance of monies for work not wholly consistent with this program; restricted donations; monies allocated to address emergencies or other time-sensitive matters of public health, safety or welfare; or, similar monies.
Program H-3.2.4. Investigate potential incentives for property owners of apartment and cooperative housing units for which tenants pay usagebased energy costs to make energy efficiency improvements that exceed the minimum requirements set forth in the California Building Energy Efficiency Standards. If feasible and economical, implement such incentives. Prioritize incentives for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the highest renter vulnerability indices, as feasible and economical.
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Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2024 for Investigation Anticipated Funding: General Fund
Quantified Objectives: Report Regarding Investigation;
Implemented Measures (if applicable); expend 50%
or more of monies allocated to providing rental
relief for residents residing in the census tracts
identified in this Housing Element as susceptible to
displacement and having the highest renter
vulnerability indices
Program H-3.2.5. Investigate opportunities to provide rental relief for residents at risk for homelessness. If feasible and economical, implement such opportunities. Prioritize rental relief for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the highest renter vulnerability indices, as feasible and economical.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Calendar Year 2024 for Investigation Anticipated Funding: General Fund
Quantified Objectives: Report Regarding Investigation;
Implemented Measures (if applicable); expend 50%
or more of monies allocated to providing rental
relief for residents residing in the census tracts
identified in this Housing Element as susceptible to
displacement and having the highest renter
vulnerability indices
Note: Programs H-1.2.3 (pertaining to inclusionary housing), H-2.2.2 (pertaining to fee waivers or reductions for disability-related improvements), and H-2.2.3 (pertaining to financial assistance for home accessibility improvements) relate to affirmatively furthering fair housing by promoting housing supply, choices, and affordability, but are included under other priority issues in this element due to the manner in which this element is structured. Similarly, Program H-2.1.2 (pertaining to potential incentives for extended affordability covenants) relates to affirmatively furthering fair housing by protecting existing residents from displacement and Program H-2.3.1 (pertaining to proactive code
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enforcement) relates to affirmatively furthering fair housing by using placebased strategies to encourage community conservation and revitalization.
Priority Issue 4. HOUSING ELEMENT IMPLEMENTATION.
Goal H-4. Provide for analysis related to housing element implementation.
Policy Objective H-4.1. Conduct annual monitoring of the housing element.
Program H-4.1.1. Host an annual public forum to:
• Provide public education related to the purpose and scope of the housing element, as well as progress in its implementation; and • Solicit public input on the implementation of the housing element, existing and projected housing needs for all economic segments, and resources and constraints relevant to meeting housing needs.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Annually; Beginning in Calendar Year 2023 Anticipated Funding: General Fund
Quantified Objectives: Public Forums
Program H-4.1.2. Prepare and submit an annual report to the City Council, California Governor’s Office of Planning and Research, and HCD with:
• The information required by California Government Code Section 65400(a)(2), in the form and manner specified; and
• A statement regarding the general plan’s internal consistency and, if necessary, the identification of corrective actions that will be taken to resolve any internal inconsistency.
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Annually; Prior to April 1
Anticipated Funding: General Fund
Quantified Objectives: Conforming Reports and Public Meetings Note: Pursuant to California Government Code Section 65400(a)(2)(B)(ii), the annual report information required by California Government Code Section 65400(a)(2) shall be considered at an annual public meeting before the City
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Council where members of the public are allowed to provide oral testimony and written comments. This program requires certain other information to be included in the annual report, which will also then be subject to consideration at the annual public meeting.
Policy Objective H-4.2. Coordinate implementation of this housing element with the water and sewer agency.
Program H-4.2.1. Deliver each adopted housing element (including amendments thereto) to the El Toro Water District, in accordance with California Government Code Section 65589.7(a).
Primary Responsibility: Planning & Environmental Services Department Anticipated Timeline: Immediately Following Each Adoption Anticipated Funding: General Fund
Quantified Objectives: Conforming Deliveries
Note: California Government Code Section 65589.7(a) generally requires the El Toro Water District to grant a priority for the provision of water and sewer services to housing projects that include housing units affordable to lowerincome households.
EXHIBITS
The following exhibits are attached hereto and incorporated by reference:
• Exhibit A – Housing Needs Assessment
• Exhibit B – Constraints Analysis
• Exhibit C – Housing Sites Inventory and Analysis
• Exhibit D – Housing Element Performance Assessment
• Exhibit E – Public Participation Efforts
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EXHIBIT A
HOUSING NEEDS ASSESSMENT
CITY OF LAGUNA WOODS
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PROPOSED
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HOUSING NEEDS ASSESSMENT
CITY OF LAGUNA WOODS
Submitted to:
City of Laguna Woods
24264 El Toro Road
Laguna Woods, California 92637
Prepared by:
LSA
3210 El Camino Real, Suite 100
Irvine, California 92602
(949) 553-0666
Project No. LWD2101
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PROPOSED
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L AGUNA WOODS , C ALIFORNIA
Exhibit A - i
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii
1.0 HOUSING NEEDS ASSESSMENT ............................................................................ 1
1.1 Demographic Profile ............................................................................................................ 1
1.1.1 Population Growth and Trends ............................................................................................. 1
1.1.2 Age Characteristics................................................................................................................ 2
1.1.3 Race and Ethnicity ................................................................................................................. 3
1.1.4 Employment .......................................................................................................................... 3
1.2 Household Profile................................................................................................................. 5
1.2.1 Household Type..................................................................................................................... 5
1.2.2 Household Income................................................................................................................. 6
1.2.3 Special-Needs Populations .................................................................................................... 9
1.3 Housing Stock Characteristics............................................................................................ 17
1.3.1 Housing Growth...................................................................................................................17
1.3.2 Housing Type and Tenure....................................................................................................17
1.3.3 Vacancy Rate .......................................................................................................................18
1.3.4 Housing Age and Condition ................................................................................................. 19
1.3.5 Housing Costs and Affordability ..........................................................................................20
1.3.6 Assisted Housing at Risk of Conversion ...............................................................................23
1.3.7 Existing Housing Needs........................................................................................................24
1.4 Affirmatively Furthering Fair Housing................................................................................ 27
1.4.1 Fair Housing Issues ..............................................................................................................28
1.5 Regional Housing Needs..................................................................................................... 45
PROPOSED
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L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - ii
FIGURES AND TABLES
FIGURE
Figure 1: Median Household Income (2018) ..........................................................................................7 TABLES
Table A: Regional Population Growth Trends.........................................................................................1 Table B: Age Distribution ........................................................................................................................2 Table C: Racial and Ethnic Composition (2010 and 2018) ......................................................................3 Table D: Occupation of Residents (2018) ...............................................................................................4 Table E: Household Characteristics (2010 and 2018) .............................................................................6 Table F: HCD Income Categories.............................................................................................................7 Table G: Household Income Levels (2010–2018)....................................................................................8 Table H: Household Income Levels by Tenure (2017) ............................................................................8 Table I: Poverty by Household Type .......................................................................................................8 Table J: Special Needs Groups ................................................................................................................9 Table K: Disability Status.......................................................................................................................12 Table L: Local Facilities for Persons Experiencing Homelessness.........................................................16 Table M: Regional Housing Growth Trends..........................................................................................17 Table N: Housing Units by Type (2000–2020).......................................................................................18 Table O: Housing Tenure (2010 and 2018) ...........................................................................................18 Table P: Age of Housing Stock (2019) ...................................................................................................19 Table Q: Median and Average Market Rents by Number of Bedrooms (April 2021)...........................20 Table R: Annual Median Home Prices (2020–2021) .............................................................................21 Table S: Estimated Affordable Housing Price by Income and Household Size (2021)..........................22 Table T: Inventory of Subsidized Rental Housing for Lower Income Households................................24 Table U: Cost Burden by Tenure ...........................................................................................................24 Table V: Cost Burden by Income Level, Tenure, and Household Type .................................................25 Table W: Overcrowding by Tenure .......................................................................................................26 Table X: Domains and Lists of Indicators for Opportunity Maps..........................................................27 Table Y: Racial/Ethnic Concentrations and Income Levels...................................................................30 Table Z: White Median Household Income and Population................................................................. 31 Table AA: Opportunity Map Scores and Categorization (2020)............................................................32 Table AB: Low and Moderate TCAC Resource Level Census Tracts in Laguna Woods (2020)..............32 Table AC: CIP Projects in Laguna Woods ..............................................................................................33 Table AD: School Districts Serving Laguna Woods................................................................................35 Table AE: CalEnviroScreen Scores by Census Tract (2020) ...................................................................38 Table AF: Alignment of AFFH Programs with HCD Guidance................................................................40 Table AG: Contributing Factors for AFFH Programs Matrix..................................................................42 Table AH: Regional Housing Needs Assessment, 2021–2029...............................................................46
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Exhibit A - iii
LIST OF ABBREVIATIONS AND ACRONYMS
AB Assembly Bill
ACS American Community Survey
ADA Americans with Disabilities Act
AFFH Affirmatively Furthering Fair Housing
AMI area median income
CalEnviroScreen California Communities Environmental Health Screening Tool CBC California Building Code
CC Community Commercial
CIP Capital Improvement Program
City City of Laguna Woods
CoC Continuum of Care
County County of Orange
CUP Conditional Use Permit
DDS California Department of Developmental Services
FHA Fair Housing Act
FHCOC Fair Housing Council of Orange County
FHEO Fair Housing Enforcement and Outreach
HCD Housing and Community Development Department of the State of California HUD United States Department of Housing and Urban Development LIHTC Low Income Housing Tax Credit
OEHHA Office of Environmental Health Hazard Assessment
R/ECAP racially/ethnically concentrated area of poverty RC Residential Community
RCAA Racially Concentrated Areas of Affluence
RHNA Regional Housing Needs Assessment
RMF Residential Multifamily
SCAG Southern California Association of Governments
TCAC California Tax Credit Allocation Committee
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Exhibit A - iv
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Exhibit A - 1
1.0 HOUSING NEEDS ASSESSMENT
State Housing Element law requires local governments to adequately plan to meet their existing and projected housing needs, including their share of the Regional Housing Needs Assessment (RHNA) allocation. Specifically, Government Code Section 65583(a) requires an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. This section of the Housing Element examines the characteristics of Laguna Woods’ population and housing stock as a means of better understanding the nature and extent of unmet housing needs. The Housing Needs Assessment is comprised of the following components: (1) Demographic Profile; (2) Household Profile; (3) Housing Stock Characteristics; (4) Affirmatively Furthering Fair Housing; and (5) Regional Housing Needs.
1.1 DEMOGRAPHIC PROFILE
Demographic changes such as population growth or changes in age can affect the type and amount of housing needed in a community. This section addresses the population, age, and race and ethnicity of Laguna Woods residents.
1.1.1 Population Growth and Trends
Table A presents population growth trends in Laguna Woods from 1990 to 2020 and compares this growth to neighboring jurisdictions and Orange County. As shown, Orange County experienced the highest level of growth during the 1990s (18 percent). Neighboring jurisdictions experienced their highest level of growth during the 2000 to 2010 period (48 percent in Irvine and almost 32 percent in Lake Forest). However, during the 2000 to 2010 period, Laguna Woods experienced a decrease in its population. As will be discussed in further detail below, Laguna Woods residents are significantly older, on average, than the rest of Orange County. This means that Laguna Woods’ population growth due to natural increase (births minus deaths) is slower than other parts of Orange County.
Table A: Regional Population Growth Trends
Jurisdiction 1990 2000 2010 2020 Percent Change
1990–2000 2000–2010 2010–2020
Laguna Woods N/A 17,794 16,273 16,243 N/A -8.55% -0.18% Aliso Viejo N/A N/A 47,816 50,044 N/A N/A 4.66%
Irvine 110,330 143,072 212,375 281,707 29.68% 48.44% 32.65% Laguna Beach 23,170 23,727 22,723 22,343 2.40% -4.23% -1.67% Laguna Hills N/A 29,891 30,270 31,508 N/A 1.27% 4.09%
Lake Forest N/A 58,707 77,395 84,711 N/A 31.83% 9.45%
Orange County 2,410,668 2,846,289 3,010,232 3,194,332 18.07% 5.76% 6.12% Sources: (1) California Department of Finance, Demographic Research Unit, Report E-5; (2) California Department of Finance, Demographic Research Unit, Report E-8 City/County/State Population and Housing Estimates;
(3) California Department of Finance, Demographic Research Unit, E-4 Revised Historical.
N/A = Not Applicable
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Exhibit A - 2
Census data from 2000 to 2010 show that a reduction in the population growth rate for Orange County occurred during the decade. Countywide, population growth dropped to approximately 6 percent, while some local communities, such as Irvine and Lake Forest, experienced robust growth due to the development of new housing. Laguna Woods experienced a population decrease of approximately 9 percent during this period.
While most of the neighboring communities grew modestly between 2010 and 2020, the population of Laguna Woods in 2020 was estimated to be 16,243, approximately less than 1 percent lower than in 2010. The growth rate of Orange County as a whole was 6 percent, more than six times that of Laguna Woods. Of the surrounding communities shown, only Aliso Viejo had a growth rate that was close to that of Orange County. Laguna Woods saw a 0.18 percent population decrease from 2010 to 2020. However, this is much less of a decrease compared to the previous decade.
The Southern California Association of Governments (SCAG) projects that the population of Laguna Woods will grow to 16,500 by 2045. This represents a growth rate of approximately 1.6 percent over the next 25 years. It should be noted that SCAG’s growth projection does not reflect potential population growth due to Laguna Woods’ RHNA allocation, which is discussed in further detail in Section 1.5, Regional Housing Needs.
1.1.2 Age Characteristics
Table B shows the age distribution and median age of Laguna Woods’ population in 2010 and 2018 and compares this with Orange County as a whole. Table B indicates that seniors aged 65 and older were the largest population group in Laguna Woods in 2010 (80 percent) and 2018 (83 percent). The proportion of the population within the younger age groups (under 5 years, 5 to 17 years, and 18 to 24 years) decreased since 2010, while there was an increase in the older adult population. The proportion of seniors (ages 65 and older) increased from 80 percent to 83 percent. However, Laguna Woods’ median age decreased from 78 in 2010 to 75 in 2018.
Table B: Age Distribution
Age Group 2010 2018
Population Percent Population Percent Orange County Percent Under 5 years 33 0.2% 0 0.0% 6.0%
5-17 years 65 0.4% 10 0.1% 17.0%
18-24 years 49 0.3% 23 0.1% 9.5%
25-44 years 179 1.1% 100 0.6% 27.4%
45-64 years 2,982 18.3% 2,666 16.5% 26.6%
65+ years 12,987 79.7% 13,429 82.8% 13.9%
Total 16,295 100.0% 16,228 100.0% 100.0%
Median Age 78 75 38
Sources: (1) 2010 ACS 5-Year Estimates (Table S0101);
(2) 2018 ACS 5-Year Estimates (Table S0101).
Overall, the age distribution for Laguna Woods is skewed toward higher percentages of senior populations compared with Orange County as a whole. As shown in Table B, the percentage of the Laguna Woods’ population that is 65 years of age and older (83 percent) is substantially higher than that of Orange County (14 percent). Laguna Woods’ median age (75) is also substantially higher than
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Exhibit A - 3
Orange County’s median age (38). This reflects the fact that a large percentage of Laguna Woods residents live in Laguna Woods Village, an age-restricted retirement community for residents who are 55 years of age and older that occupies a majority of Laguna Woods’ area. The proportion of children (ages 17 and under) and adults aged 18 to 64 are also notably lower in Laguna Woods compared to Orange County.
1.1.3 Race and Ethnicity
Historically, White residents have been the majority racial group within Laguna Woods. Table C displays the racial and ethnic composition of Laguna Woods’ population in 2010 and 2018 and compares this with the countywide distribution. While changes since 2010 have generally been slight, Laguna Woods is trending toward a more diverse population. In 2018, White residents made up 78 percent of Laguna Woods’ population, representing an 11 percent decrease since 2010. The proportion of White residents in Laguna Woods is also notably higher than that of Orange County as a whole (61 percent countywide).
Table C: Racial and Ethnic Composition (2010 and 2018)
Racial/Ethnic Group 2010 2018
Persons Percent Persons Percent Orange County Percent
White 14,499 89.0% 12,678 78.1% 61.7%
Asian/Pacific Islander 1357 8.3% 3,142 19.4% 20.4%
Black or African American 126 0.8% 73 0.4% 1.7%
American Indian 0 0.0% 8 0.0% 0.5%
Other Race 208 1.3% 172 1.1% 11.7%
Two or More Races 105 0.6% 155 1.0% 4.1%
Total 16,295 16,228
Hispanic 723 4.4% 821 5.1% 34.1%
Non-Hispanic 15,572 95.6% 15,407 94.9% 65.9%
Total 16,295 16,228
Sources: (1) 2010 ACS 5-year estimates (Tables C02003 and B03003); (2) 2018 ACS 5-year estimates (Tables C02003 and B03002).
While only representing 19 percent of the total population in 2018, the number of Asian/Pacific Islander residents has increased by 11 percent since 2010. Laguna Woods’ Asian/Pacific Islander population is now on par with Orange County (19 percent compared to 20 percent). Chinese is the predominant Asian ethnicity represented in Laguna Woods, making up approximately 9 percent of Laguna Woods’ total population. There are also large populations of Korean and Filipino residents within Laguna Woods.
The Hispanic population increased by approximately 1 percent from 2010 to 2018. The estimated proportion of Hispanic residents in 2018 was 5 percent, still markedly lower than Orange County, which has an estimated 34 percent Hispanic population.
1.1.4 Employment
An evaluation of the types of jobs held by community residents provides insight into potential earning power and the segment of the housing market into which they fall. Information on how a community’s
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Exhibit A - 4
employment base is growing and changing can help identify potential housing demand changes in the future.
The State Employment Development Department estimates that 2,900 Laguna Woods residents (or approximately 18 percent of Laguna Woods’ population) were in the labor force in January 2021. This reflects the fact that Laguna Woods’ housing stock is predominantly age-restricted. Laguna Woods has seen a drastic increase in unemployment since March 2020 due to the onset of the COVID-19 pandemic. In January 2020, Laguna Woods’ unemployment rate was at 2.2 percent; however, it rose sharply in the spring and peaked at 11.6 percent in May 2020. As of January 2021, the unemployment rate within Laguna Woods was 5.6 percent. The unemployment rate of Orange County was at 2.9 percent in January 2020 and has seen a similar spike. As of January 2021, unemployment in Orange County as a whole was 7.4 percent. While the region’s economy appears to show signs of recovery, the long-term impacts of the COVID-19 pandemic on employment within Laguna Woods and Orange County remain unknown.
Table D presents the occupations of Laguna Woods residents, based on the 2014–2018 American Community Survey (ACS) estimates. The largest proportion of Laguna Woods residents are employed in educational services and health care and social assistance occupations at 22 percent, followed by finance and insurance and real estate, rental, and leasing occupations at 15.6 percent. Approximately 61 percent of employed residents in Laguna Woods commute less than 25 minutes to work, indicating that a majority of working residents hold jobs within Laguna Woods or in immediately adjacent communities.
Table D: Occupation of Residents (2018)
Occupation Population Percent
Agriculture, forestry, fishing and hunting, and mining 0 0.0% Construction 52 1.7%
Manufacturing 285 9.2%
Wholesale trade 123 4.0%
Retail trade 347 11.2%
Transportation and warehousing, and utilities 78 2.5%
Information 42 1.4%
Finance and insurance, and real estate and rental and leasing 484 15.6% Professional, scientific, and management, and administrative and waste management services
483 15.5%
Educational services, and health care and social assistance 695 22.4% Arts, entertainment, and recreation, and accommodation and food services 249 8.0% Other services, except public administration 188 6.0%
Public administration 83 2.7%
Total Civilians Employed 3,109 100.00%
Source: 2018 ACS 5-year estimates (Table S2405).
Laguna Woods itself has a limited employment base. As of 2019, the five largest employers in Laguna Woods were Laguna Woods Village, Professional Community Management of California, Stater Brothers, Rainbow Realty Corporation, and OCB Restaurant Company.
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Exhibit A - 5
In 2019, the Orange County Business Council updated the results of its Workforce Housing Scorecard.
This report provides a comprehensive evaluation of the current and future state of Orange County’s housing supply and demand and its impact on the business community. Based on the following criteria, the scorecard rates each jurisdiction’s record over the 2016 to 2030 time period in addressing workforce housing needs:
• Total job growth
• Housing as a percent of total Orange County housing
• Jobs-to-housing ratio
• Change in housing density
Based on the above factors, Laguna Woods ranks 33rd of the 34 cities in Orange County. Rankings are weighted toward larger cities and cities experiencing new housing development (Irvine was ranked 1st); therefore, a ranking of 33rd is expected for Laguna Woods, as it is the 31st largest city within Orange County and has not experienced any new housing growth since the development of the San Sebastian Apartments in 2008. It should be noted that Laguna Woods ranked 26th in job growth, indicating a modest need for new housing within Laguna Woods.
1.2 HOUSEHOLD PROFILE
Household type and size, income levels, and the presence of special-needs populations all affect the type of housing needed by residents and are important indicators of where intervention and/or housing programs may be needed. Household income levels are indicators of housing affordability, just as the ratio of owners to renters may impact the stability of the housing market. This section details the various household characteristics affecting housing needs in Laguna Woods.
1.2.1 Household Type
A household is defined as the total number of persons living in a housing unit, whether related or unrelated. The Census Bureau definition of a “family” is a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together; all such people (including related subfamily members) are considered as members of one family. A single person living alone is also a household. “Other” households are unrelated people residing in the same dwelling unit. Group quarters, such as dormitories or convalescent homes, are not considered households.
As shown in Table E, the 2014–2018 ACS estimates there are 11,156 households in Laguna Woods, with an average household size of 1.45 persons and an average family size of 2.07 persons. While the average household size in Laguna Woods saw a 2.8 percent increase from 2010, the average family size decreased by 2.4 percent. Laguna Woods’ average household and family size is lower compared to that of Orange County as a whole (3.02 and 3.51, respectively).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 6
Table E: Household Characteristics (2010 and 2018)
Household & Family Type 2010 2018 Percent Change Number Percent Number Percent Total Population 16,295 100.0% 16,228 100.0% -0.4%
In Group Quarters 167 1.0% N/A N/A N/A
Total Households 11,470 100.0% 11,156 100.0% -2.7%
Family Households 3,733 32.5% 4,107 36.8% 10.0%
Married Couple Families 3,215 28.0% 3,645 32.7% 13.4%
Single Parent Households 29 0.3% 0 0.0% -100.0%
Non-family Households 7,737 67.5% 7,049 63.2% -8.9%
Householder Living Alone 7,272 63.4% 6,593 59.1% -9.3%
Householder 65+ (Alone) 6,343 55.3% 5,723 51.3% -9.8%
Average Household Size 1.41 1.45 2.8%
Average Family Size 2.12 2.07 -2.4%
Sources: (1) 2010 and 2018 ACS 5-year estimates (Table S1101); (2) 2010 Census (Table PCT38).
N/A = Not Applicable
Nonfamilies constitute the majority of households in Laguna Woods (63 percent). The proportion of single-parent households has also remained steady at approximately 4 percent of all households.
Family households constituted about 37 percent of all households in 2018, an increase of 10 percent since 2010. Approximately 90 percent of family households are married-couple households, and this has increased since 2010. The proportion of householders living alone also decreased between 2010 and 2018.
1.2.2 Household Income
Household income is one of the most important factors affecting housing opportunity and determining a household’s ability to balance housing costs with other basic necessities of life while avoiding housing problems such as cost burden and overcrowding.
1.2.2.1 Income Definitions
The State and federal governments classify household income into several groupings based upon the relationship to the county area median income (AMI), adjusted for household size. The Housing and Community Development Department of the State of California (HCD) utilizes the income groups presented in Table F. Federal housing programs utilize slightly different income groupings and definitions, with the highest income category generally ending at >95 percent AMI. For purposes of the Housing Element, the State HCD income definitions are used throughout, with the exception of data compiled by the United States Department of Housing and Urban Development (HUD), which is specifically noted.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 7
Table F: HCD Income Categories
Income Category Percent Annual Median Income (AMI)
Extremely Low 0-30% AMI
Very Low 0-50% AMI
Low 51-80% AMI
Moderate 81-120% AMI
Above Moderate 120%+ AMI
Source: California Department of Housing and Community Development.
1.2.2.2 Income Characteristics
The 2014–2018 ACS estimated the median annual income of households in Laguna Woods to be $41,928. This is an increase of approximately 13 percent from 2010, when the median annual income was $36,818. Figure 1 illustrates the 2018 median household income for Laguna Woods and surrounding communities and compares them to the median income for Orange County. Of the jurisdictions included, Laguna Woods had a significantly lower median household income than the Orange County median of $85,398.
Figure 1: Median Household Income (2018)
Table G shows the number of Laguna Woods households living within the HCD income categories described above for 2010 and 2017. The number of households within the very low- and low-income categories has decreased overall since 2010. As of 2017, approximately 69 percent of Laguna Woods households fell within one of the lower income categories. The proportion of households with moderate or above-moderate incomes increased from 30.1 percent in 2010 to 31.1 percent in 2017. $0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
Aliso Viejo Irvine Laguna
Beach
Laguna Hills Laguna
Woods
Lake Forest Orange
County
Median Household Income
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 8
Table G: Household Income Levels (2010–2018)
Income Level 2010 2017 2010–2017
Households Percent Households Percent Percent Change
Extremely Low Income (<30% AMI) 2,870 25.2% 2,880 25.6% 0.3% Very Low Income (31-50% AMI) 2,650 23.3% 2,455 21.8% -7.4% Low Income (51-80% AMI) 2,435 21.4% 2,415 21.5% -0.8%
Moderate/Above Moderate Income (>80% AMI) 3,420 30.1% 3,500 31.1% 2.3% Total Households 11,375 100.0% 11,250 100.0% -1.1%
Source: CHAS Data, 2010 and 2017.
AMI = Annual Median Income
Table H shows the income level of Laguna Woods households by tenure. A total of 76 percent of renter households were lower income (<80 percent AMI), compared to 67 percent of owner households. 31 percent of renter households were categorized as extremely low income (<30 percent AMI), and 26 percent were very low income households (31 to 50 percent AMI).
Table H: Household Income Levels by Tenure (2017)
Income Level Renter Owner
Households Percent Households Percent
Extremely Low Income (<30% AMI) 840 31.2% 2,040 23.8%
Very Low Income (31-50% AMI) 685 25.5% 1,770 20.7%
Low Income (51-80% AMI) 505 18.8% 1,910 22.3%
Moderate Income & Above (> 80% AMI) 660 24.5% 2,840 33.2% Total 2,690 100.0% 8,560 100.0%
Source: CHAS Data, 2017.
AMI = Annual Median Income
1.2.2.3 Households in Poverty
The federal government publishes national poverty thresholds that define the minimum income level necessary to obtain the necessities of life. Table I shows the number of households within Laguna Woods living in poverty by household type. A total of 242 households within Laguna Woods are living below the federal poverty threshold, representing approximately 6 percent of all households.
Approximately 1 percent of all households in Laguna Woods are female-headed households living below the poverty level. Of these female-headed households living below the poverty level, 9 of the households (or 0.2 percent of all households in Laguna Woods) have children under the age of 18.
Another significant group living in poverty are seniors. As shown in Table I, approximately 6 percent of all households in Laguna Woods are senior-headed households living below the poverty level.
Table I: Poverty by Household Type
Household Type Below Poverty Level
Number Percent
Family Households 242 6.1%
Female-Headed Households 36 0.9%
With Children 9 0.2%
Senior-Headed Households (65+) 230 5.8%
Source: 2019 ACS 5-year estimates.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 9
1.2.3 Special-Needs Populations
State law recognizes that certain households have more difficulty in finding adequate and affordable housing due to special circumstances and may also have lower incomes as a result of these circumstances. Special-needs populations include seniors, persons with disabilities, female-headed households, large households, farmworkers, and the homeless. Table J summarizes the special-needs populations in Laguna Woods. Each of these population groups, as well as their housing needs, is described below.
Table J: Special Needs Groups
Special Needs Group Persons or Households Renter Owner Percent of Total Households with a Senior Member 9,701 -- -- 88.2%
Senior-headed Households 3,495 -- -- 26.3%
Seniors Living Alone 5,622 -- -- 42.3%
Single-Parent Households 0 -- -- 0.0%
Female Single-Parent Households 0 -- -- 0.0%
Large Households (5+ members) 13 0 13 0.3%
Agricultural Workers 0 -- -- 0.0%
Persons with Disabilities 4,364 -- -- 27.3%
Homeless 5 -- -- 0.04%
Sources: (1) 2019 ACS 5-year estimates;
(2) 2019 homelessness point-in-time counts processed by SCAG. -- = Data not available.
1.2.3.1 Large Households
Large households consist of five or more persons and are considered a special-needs group due to the limited availability of affordable and adequately sized housing. Large households often live in overcrowded conditions due to both the lack of large-enough units and insufficient income to afford available units of adequate size. In 2018, Laguna Woods had a total of 13 large households, representing 0.3 percent of total households in Laguna Woods. These large households consisted entirely of owner households (Table J). Laguna Woods has a small number of larger homes compared to many communities in the region, with only 100 housing units (0.9 percent of all occupied housing units) containing four or more bedrooms, according to the 2014–2018 ACS. This suggests that Laguna Woods does not have any unmet housing need for large households.
1.2.3.2 Senior Households
Approximately 83 percent of Laguna Woods residents are age 65 or older. This is an increase from 2010, when 80 percent of the population were seniors. Senior-headed households make up a significant proportion (26 percent) of all households in Laguna Woods. Additionally, 42 percent of all households in Laguna Woods are seniors living alone.
Seniors may have a number of special needs including, housing, transportation, health care, and other services. Approximately 30 percent of Laguna Woods’ senior population has one or more disability that may need to be taken into consideration when finding appropriate housing. Rising rents are a particular concern due to the fact that most seniors are on fixed incomes.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 10
Laguna Woods is unique in that it predominantly comprises private communities that are agerestricted for adults 55 years and older. Of the housing units in Laguna Woods, the majority are located in the private gated community of Laguna Woods Village, with the remaining units in four separate communities. The various housing options, levels of amenities, and services provided at each of these communities are described below. There is a discrepancy of the total number of housing units located in Laguna Woods between City of Laguna Woods (City) records and the United States Census.
It should be noted that the City’s records, which reflect the numbers identified below, total 13,386, which is 988 more than what is identified by the United States Census (12,398 housing units). • Laguna Woods Village: Laguna Woods Village contains 12,736 owned condominium and cooperative units. Owners within Laguna Woods Village pay a homeowners’ association fee that is used to provide residents with public transportation, patrolled private security, clubhouses with special programs, and recreational activities. Also included within the Laguna Woods Village community are two golf courses for the private use of Laguna Woods Village residents. • Las Palmas: Las Palmas is a licensed residential care community with 184 rental units. Services include the dispensing of medication and assistance with bathing, dressing, and other activities of daily living determined by a care plan tailored to specifically meet the individual needs of the residents. Amenities include meal service, transportation, housekeeping, laundry services, and access to recreational facilities, including a putting green, shuffleboard court, pool, and spa.
Activity programs include regular trips to shopping centers and other destinations. • The Regency: The Regency is a licensed residential care community that consists of 192 rental units for seniors and offers both independent and assisted living on a month-to-month basis.
Services and amenities include daily meals, housekeeping, laundry services for bed and bath linens, scheduled transportation, group excursions, and social events. The Regency is the only residential community that, under unique circumstances, will accommodate individuals younger than 55 within its assisted living facility.
• San Sebastian: San Sebastian contains 134 rental units, including 17 affordable units for lowerincome residents. San Sebastian is also an age-restricted independent living apartment facility; therefore, all of the affordable housing units at San Sebastian are reserved for seniors. • Whispering Fountains: Whispering Fountains contains 140 rental units. Although age-restricted, the Fountains operates as an apartment community and does not provide assisted living services, special programs, or amenities.
Several resources for seniors exist in and near Laguna Woods and include the following:
• Age Well Senior Services: This nonprofit organization provides health and wellness programs, home delivery of meals, and nonemergency medical transit service to seniors in Laguna Woods.
The organization operates the Florence Sylvester Memorial Senior Center in neighboring Laguna Hills, where it provides congregate meals, social services case management, senior activities and classes, information, and referral services.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 11
• Foundation of Laguna Woods Village: This nonprofit organization partners with the Laguna Woods Village Social Services Department to provide temporary emergency financial assistance with supermarket cash cards, prescription payments, bill payments for utility services, medical and dental, caregiver and respite care services, taxi vouchers for travel to health care providers in Orange County, and gas cards to qualifying residents of Laguna Woods Village. • Helping Hands Senior Foundation: This nonprofit organization provides social workers who can connect seniors with free or low-cost in-home health care, palliative care, adult day care, medical equipment, food assistance, and financial assistance resources, as well as provide support with navigating health insurance claims and payments.
• Laguna Woods Village Social Services Department: This private organization offers social workers who can help Laguna Woods Village residents with short-term counseling, crisis intervention, support groups, educational programs, long-term care planning, and resource referrals. • Orange County Housing Authority: This government agency is responsible for administering federally funded programs that provide monthly rental assistance to qualified tenants, including low-income seniors, in privately owned rental housing in Orange County. The largest such program is referred to as the Housing Choice Voucher Program. Participants who receive a Housing Voucher can use this rental assistance in a variety of rental dwellings and locations with almost any property owner who is willing to participate in the program.
Based on the available resources in the community, there is no unmet need for senior housing.
1.2.3.3 Single-Parent Households
Single-parent households typically have a special need for such services as childcare and health care, among others, and often live with only one income. According to the 2014–2018 ACS, Laguna Woods did not have any single-parent households with young children (under the age of 18) (Table J).
Therefore, Laguna Woods does not have any unmet housing need for single-parent households, including female-headed households.
1.2.3.4 Persons with Disabilities
Under the Americans with Disabilities Act (ADA), an individual with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.1 Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.2 1 United States Department of Justice. 2020. A Guide to Disability Rights Laws. February. Website:
https://www.ada.gov/cguide.htm#anchor62335 (accessed April 23, 2021). 2 United States Department of Labor. 2009. ADA Amendments Act of 2008 Frequently Asked Questions. January 1. Website: https://www.dol.gov/agencies/ofccp/faqs/americans-with-disabilities-actamendments#:~:text=Major%20life%20activities%20include%2C%20but,thinking%2C%20communicating %2C%20and%20working (accessed April 23, 2021).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 12
Disabled persons often have special housing needs related to limited earning capacity, a lack of accessible and affordable housing, and higher health costs associated with a disability. In recognition of the fact that disabilities can affect a range of major life activities, the ACS questionnaire gathers data about six key disability types: hearing difficulty, vision difficulty, cognitive difficulty, ambulatory difficulty, self-care disability, and independent living difficulty. Table K shows the number of Laguna Woods residents with a disability as well as the number of Laguna Woods residents 65 years of age or older that have a disability. According to the 2014–2018 ACS, an estimated 27 percent of Laguna Woods residents (4,364 persons) have one or more disabilities. Approximately 30 percent of the senior population have one or more disabilities.
Table K: Disability Status
Disability Type Persons with
Disability
Percent of
Total
Persons with Disability,
Age 65+
Percent of
Total
With a hearing difficulty 1,844 11.5% 1,733 13.1%
With a vision difficulty 705 4.4% 658 5.0%
With a cognitive difficulty 1,058 6.6% 925 7.0%
With an ambulatory difficulty 2,651 16.6% 2,473 18.7%
With a self-care difficulty 1,180 7.4% 1,123 8.5%
With an independent living difficulty 1,774 11.1% 1,650 12.5% Total Persons with Disabilities 4,364 100.00% 3,972 100.00% Source: 2019 ACS 5-year estimates (Table S1810).
Disabled individuals have unique housing needs because they may be limited in mobility or in their ability to care for themselves. In addition, the earning power of disabled persons may be limited. Their housing need is also often compounded by design and location requirements, which can drive up housing costs. For example, wheelchair-bound or semi-ambulatory individuals may require ramps, holding bars, special bathroom designs, wider doorways, lower cabinets, and other interior and exterior design features. Affordable housing and housing programs that address accessibility can assist these individuals with their specific housing needs.
There are a number of housing types appropriate for people living with a disability: rent-subsidized homes, licensed and unlicensed single-family homes, inclusionary housing, Housing Choice vouchers, special programs for home purchase, HUD housing, and group homes. The design of housing accessibility modifications, the proximity to services and transit, and the availability of group living opportunities represent some of the types of considerations that are important in serving this needs group. Incorporating barrier-free design in all new multifamily housing (as required by California and federal fair housing laws) is especially important to provide the widest range of choices for disabled residents. Special consideration should also be given to the affordability of housing, as people with disabilities may be living on a fixed income.
Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (that is, modifications or exceptions) in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. For example, it may be a reasonable accommodation to allow covered ramps in the setbacks of properties that have already been developed to accommodate residents with mobility impairments.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 13
The City does not require special building codes or onerous project review to construct, improve, or convert housing for persons with disabilities. Community care facilities with six or fewer persons are permitted by right in all residential zoning districts. Community care facilities with seven or more persons are permitted in all residential zoning districts, subject to Conditional Use Permit (CUP) approval. In addition, several housing types for persons with disabilities require a CUP that is no more stringent than those for other conditional uses:
• Congregate care facilities are permitted with an approved use permit in all residential zones and the Community Commercial (CC) zone.
• Family Day Care for 14 or fewer persons is also permitted in the Residential Multifamily (RMF) and Residential Community (RC) zones.
The City has adopted the 2019 California Building Code (CBC). Standards within the CBC include provisions to ensure accessibility for persons with disabilities. These standards are consistent with the Americans with Disabilities Act. No local amendments that would constrain accessibility or increase the cost of housing for persons with disabilities have been adopted.
As discussed previously, Laguna Woods has two residential care facilities that are licensed by the State Community Care Licensing Division of the California Department of Social Services: Las Palmas and the Regency.
1.2.3.5 Developmentally Disabled
According to California Welfare and Institutions Code Section 4512, a developmental disability means “a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature.” Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.
The California Department of Developmental Services (DDS) estimates that 30 persons with developmental disabilities were residing in Laguna Woods as of December 2020. All of the individuals with developmental disabilities residing in Laguna Woods were over the age of 18, and the majority of the developmentally disabled individuals in Laguna Woods live in the home of their parent, family, or guardian.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 14
The Regional Center of Orange County is one of 21 regional centers in the State that provides point of entry to services for people with developmental disabilities. The center is a private, nonprofit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families.
The most obvious housing need for persons with disabilities is housing that is adapted to their needs.
Most single-family homes are inaccessible to people with mobility and sensory limitations. Housing may not be adaptable to widened doorways and hallways, access ramps, larger bathrooms, lowered countertops, and other features necessary for accessibility. Location of housing is also an important factor for many persons with disabilities, as they often rely upon public transportation to travel to necessary services and shops. “Barrier free design” housing, accessibility modifications, proximity to services and transit, and group living opportunities are important in serving this group.
Within Laguna Woods, there are services currently in place tailored to mobility-impaired individuals including private bus services and subsidized taxi service that supplement public transportation options. The City has also adopted a reasonable-accommodations ordinance designed to reduce barriers for special-needs populations.
1.2.3.6 Homelessness
In collaboration with other nonprofit organizations, the Orange County Department of Community Resources is responsible for the countywide biennial point-in-time homeless count. For the purpose of the point-in-time count, the definition of homelessness includes unsheltered individuals and families “with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground.” The count of sheltered homeless individuals and families includes those “living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals)” on the night designated for the count.
Based upon the 2019 point-in-time count, there were a total of 6,860 homeless individuals residing within Orange County, with 5 individuals counted in Laguna Woods. All of the homeless individuals within Laguna Woods were unsheltered, as there are no homeless shelters located within Laguna Woods. Since 2013, the homeless population in Orange County has steadily increased, with the largest increase occurring between 2017 and 2019 (43 percent increase). The 2019 Count indicated that all five of those counted within Laguna Woods were individuals and not part of a family unit experiencing homelessness.
People experiencing homelessness include families and individuals representing every race, age group, and community in Orange County. As the cost of living in Orange County and in all of Southern California continues to rise, and as unemployment remains high, homelessness has become more prevalent.
In the past, several factors have contributed to homelessness, including difficulty in obtaining employment, lack of ongoing care for the mentally ill, substance abuse, and inadequate education. In
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 15
recent years, however, a shortage of affordable housing opportunities coincident with a growing population of low-income renters has added to the problem.
Residential care facilities, which are facilities for individuals who require 24-hour supervision but who do not generally need medical care beyond routine health checks and medication monitoring, are permitted in Laguna Woods in any district, planned community, or specific plan area zoned for residential uses. The State of California is the authority for licensing, inspection, and enforcement for community care facilities throughout California. The State has preempted local controls over certain types of residential care facilities.
The County of Orange coordinates a comprehensive regional Continuum of Care (CoC) system to address homelessness in Orange County. The CoC is a housing and service delivery system for the homeless and is designed to do the following:
• Promote communitywide commitment to the goal of ending homelessness through regional coordination and collaboration.
• Advocate for funding and resources to end homelessness and provide funding for proven efforts by nonprofit providers, states, and local governments to quickly rehouse people experiencing homelessness, while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness.
• Promote access to and effective utilization of mainstream programs by homeless individuals and families.
• Promote implementation of best practices and evidence-based approaches to homeless programing and services.
Other organizations and facilities in nearby or surrounding communities that may provide shelter and services to people experiencing homelessness in Laguna Woods are listed in Table L. It should be noted that some of these facilities prioritize their services to people experiencing homelessness who have a relationship to the cities in which they are located.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 16
Table L: Local Facilities for Persons Experiencing Homelessness Organization/Facility Beds and/or Services Provided
Alternative Sleeping Location Emergency Shelter
(operated by Friendship Shelter)
20652 Laguna Canyon Rd
Laguna Beach, CA 92651
(949) 494-6928
Provides emergency night shelter for up to 45 people, a 30-day rapid housing program, as well as a drop-in day program between the hours of 10:00 a.m. and 1:00 p.m. This organization prioritizes services to those people experiencing homelessness who have a relationship to Laguna Beach.
Bridge Housing Program
(operated by Friendship Shelter)
PO Box 4252
Laguna Beach, CA 92652
(949) 494-6928
Provides dormitory-style housing for up to 32 people at a time, with all meals, case management, and an array of support services provided. Serves 120-140 individuals annually.
This organization also provides a permanent supportive housing program intended for clients who are chronically homeless and are unable to work due to a disability, including physical or mental health conditions. Clients are housed in scattered-site apartments and receive ongoing supportive services from Friendship Shelter staff. This organization prioritizes services to those people experiencing homelessness who have a relationship to Laguna Beach.
Human Options
5540 Trabuco Road
Irvine, CA 92620
(949) 737-5242
Provides emergency shelter for individuals or families in domestic violence situations seeking shelter. Serves approximately 350 adults and children annually. Services include individual and group counseling, case management, legal advocacy, and children’s programs. Also provides a transitional housing program.
Laura’s House
999 Corporate Drive, Suite 225
Ladera Ranch, CA 92694
(949) 361-3775
Provides emergency shelter (52 beds) for up to 45 days for individuals or families in domestic violence situations seeking shelter. Services include individual and group counseling, life skills classes, case management, legal advocacy, and children’s programs. Also provides transitional housing for 5–7 families at a time for 3–6 months.
Orange County Rescue Mission
One Hope Drive
Tustin, CA 92782
(714) 247-4379
Provides transitional, recuperative, and emergency housing for up to 262 homeless men, women, and children. Services include medical and dental care, meals, job training, case management, substance abuse treatment, parent training, anger management training, mental health care assessment and treatment, housing assistance and placement, and life skills training.
Note: Compiled by LSA, 2021. B based on information from https://www.homelessshelterdirectory.org/ and the individual websites for each service provider.
1.2.3.7 Farmworkers
Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal agricultural work. Farmworkers have special housing needs because they earn lower incomes than many other workers and move throughout the season from one harvest to the next.
The 2015–2019 ACS estimates that there are no Laguna Woods residents who hold farming, fishing, or forestry occupations. There is no agriculturally designated land within Laguna Woods.
The United States Department of Agriculture National Agriculture Statistics provide state- and countylevel data on hired farm labor across the United States. Within Orange County, a total of 99 farms reportedly hired 1,772 workers in 2017. Permanent workers, those who work 150 days or more, represent the largest category of workers with 1,106 workers (62 percent). A total of 666 workers (38 percent) are considered seasonal and work less than 150 days. Orange County reported 340 migrant workers (19 percent) with full-time hired labor and 176 unpaid workers in 2017.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 17
Although there are no farmworkers identified within Laguna Woods, the median annual salary for the agriculture, forestry, fishing, hunting, and mining industry in Orange County in 2019 was $24,592, which is 29 percent of the Orange County median income ($85,398) and is considered a very low income (2019). Because farmworkers make up no percentage of Laguna Woods’ total population, no specific programs for this special-needs group are necessary. Given the limited need to provide for farmworker housing in Orange County, the City’s efforts to provide housing at affordable prices to very-low income households should address the needs of permanent and seasonal farmworker populations.
1.3 HOUSING STOCK CHARACTERISTICS
This section identifies the characteristics of Laguna Woods’ physical housing stock. This includes an analysis of housing growth trends, housing conditions, housing prices and rents, and housing affordability.
1.3.1 Housing Growth
Table M shows housing production in Laguna Woods, compared to neighboring cities and Orange County as a whole. According to the California Department of Finance, Laguna Woods experienced a slight reduction in housing units between 2000 and 2010. This is in contrast to Orange County, which saw an almost 8 percent increase in housing stock over the same decade. The surrounding communities of Irvine and Lake Forest saw large amounts of new housing construction in the early 2000s.
Table M: Regional Housing Growth Trends
Jurisdiction Total Housing Units Percent Change
2000 2010 2020 2000–2010 2010–2020
Laguna Woods 13,629 13,079 13,079 -4.0% 0.0%
Aliso Viejo N/A 18,861 20,192 N/A 7.1%
Irvine 53,711 81,110 108,822 51.0% 34.2%
Laguna Beach 12,965 12,923 13,027 -0.3% 0.8%
Laguna Hills 10,324 10,989 11,298 6.4% 2.8%
Lake Forest 20,486 27,161 30,244 32.6% 11.4%
Orange County 969,484 1,046,118 1,111,421 7.9% 6.2%
Sources: (1) CA Dept. of Finance E-8 Historical Population and Housing Estimates, 2010. (2) CA Dept. of Finance E-5 Population and Housing Unit Estimates, 2020.
N/A = Not Applicable
The California Department of Finance estimates that in 2020 there were 13,079 housing units within Laguna Woods. This has remained consistent since 2010. The increase in housing stock in Orange County was notably higher at 6 percent. As Laguna Woods is a maturing suburban community with primarily small site and infill development, it is expected that the increase in the housing stock in Laguna Woods would be modest and lower than the countywide rate.
1.3.2 Housing Type and Tenure
Table N presents the mix of housing types in Laguna Woods. The California Department of Finance estimates that of the 13,079 units in Laguna Woods, 4,639 are single-family units (36 percent).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 18
Approximately 65 percent of Laguna Woods’ housing stock is multifamily units. Laguna Woods also has no mobile home parks within its local housing stock. The composition of Laguna Woods’ housing stock has remained relatively unchanged over the last two decades.
Table N: Housing Units by Type (2000–2020)
Unit Type 2000 2010 2020
Units Percent Units Percent Units Percent
Single-Family (SF) Detached 675 5.3% 918 7.0% 918 7.0%
SF Attached 3,726 29.4% 3,721 28.5% 3,721 28.5%
Total SF 4,401 34.8% 4,639 35.5% 4,639 35.5%
2 to 4 Units 2,298 18.2% 2,237 17.1% 2,237 17.1%
5 or more units 5,934 46.9% 6,203 47.4% 6,203 47.4%
Total Multi-Family 8,232 65.0% 8,440 64.5% 8,440 64.5%
Mobile Homes & Other 15 0.1% 0 0.0% 0 0.0%
Total Housing Units 12,657 100.0% 13,079 100.0% 13,079 100.0% Vacancy Rate 7.52% -- 11.7% -- 10.8% --
Sources: (1) U.S. Census Bureau, 2000 and 2010 Census.
(2) CA Dept. of Finance E-5 Population and Housing Unit Estimates, 2020.
Housing tenure refers to whether a housing unit is owned, is rented, or is vacant. Tenure is an important indicator of the housing climate of a community, reflecting the relative cost of housing opportunities and the ability of residents to afford housing. Tenure also influences residential mobility, with owner units generally evidencing lower turnover rates than rental housing. Table O indicates the total number of renter-occupied and owner-occupied housing units in Laguna Woods in 2010 and 2018. The ownership rate within Laguna Woods has declined slightly from 78 percent in 2010 to 74 percent in 2018. However, the homeownership rate continues to be higher than the countywide homeownership rate of 57 percent.
Table O: Housing Tenure (2010 and 2018)
Occupied Housing
Units
2010 2018
Households Percent Households Percent
Renter 2,523 22.0% 2,851 25.6%
Owner 8,947 78.0% 8,305 74.4%
TOTAL 11,470 100% 11,156 100%
Source: 2010 and 2018 ACS 5-year estimates.
1.3.3 Vacancy Rate
A vacancy rate measures the overall housing availability in a community and is often a good indicator of how efficiently for-sale and rental housing units are meeting the current demand for housing. A vacancy rate of 5 percent for rental housing and 2 percent for ownership housing is generally considered healthy and suggests that there is a balance between the demand and supply of housing.
A lower vacancy rate may indicate that households are having difficulty in finding housing that is affordable, leading to overcrowding or households having to pay more than they can afford. A low vacancy rate or a particularly tight housing market may also lead to high competition for units, raising rental and housing prices substantially.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 19
The 2014–2018 ACS estimated that the vacancy rate for owner-occupied units was 2.3 percent, and the rental vacancy rate was 5.9 percent. These vacancy rates suggest a relatively healthy housing market for both residents looking to purchase a home and renters.
1.3.4 Housing Age and Condition
The age of a community’s housing stock can provide an indicator of overall housing conditions.
Typically, housing over 30 years in age is likely to have rehabilitation needs that may include new plumbing, roof repairs, foundation work, and other repairs. Table P displays the age of occupied housing stock by tenure as of 2018. Over two-thirds of Laguna Woods’ housing stock was built between 1960 and 1979. Of Laguna Woods’ current housing stock, approximately 98 percent will be over 30 years old by the end of the 2021 to 2029 planning cycle. As a built-out community, Laguna Woods has a low proportion of newer units, with less than 0.8 percent built since 2000.
Table P: Age of Housing Stock (2019)
Year Structure Built Renter-Occupied Units Owner-Occupied Units Total Occupied Units Number Percent Number Percent Number Percent
2010 or later 12 0.4% 0 0.0% 12 0.1%
2000-2009 58 2.0% 14 0.2% 72 0.7%
1980-1999 377 12.9% 391 4.8% 768 7.0%
1960-1979 2,229 76.1% 6,874 85.1% 9,103 82.7%
1940-1959 254 8.7% 718 8.9% 972 8.8%
1939 or earlier 0 0.0% 76 0.9% 76 0.7%
Total 2,930 100.0% 8,073 100.0% 11,003 100.0%
Source: 2019 ACS 5-year estimates.
A greater proportion of rental housing (12.9 percent) was constructed between 1980 and 1999, when compared to owner-occupied housing (4.8 percent). Conversely, a greater proportion of owneroccupied housing was constructed between 1960 and 1979 (85 percent), compared to renteroccupied housing (82 percent).
The City’s code enforcement services provider indicated that the City opened 88 cases in 2019 and 123 cases in 2020, the majority of which related to commercial properties (87.5 percent in 2019 and
86.9 percent in 2020). The City’s code enforcement services provider conducted a windshield survey in early October 2021 of all residential units within Laguna Woods to identify housing units with visible signs of damage or disrepair (e.g., deteriorated roofs, stucco damage, and broken or deteriorated windows) in an effort to estimate the number of housing units that are in need of rehabilitation and replacement. The windshield survey identified only five locations with minor maintenance issues, including minor wood rot, minor water damage on an exterior wall, and a crack at the top of a window.
Given the small number of code enforcement cases and limited extent of the issues identified in the windshield survey, it is reasonable to conclude that Laguna Woods is a generally well-maintained community. Most of the City’s housing stock is located within actively managed communities with boards or associations and on-site property management that ensure adequate maintenance.
Consequently, there are few violations or complaints related to residential properties that require City intervention.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 20
Due to Laguna Woods’ relative lack of substandard housing and health and safety code violations, the City does not require any specialized code enforcement programs (e.g., occupancy inspection, rental inspection, or neighborhood enhancement). Nevertheless, the Housing Element includes a program for the City to formalize a proactive code enforcement program that focuses on housing-related rehabilitation needs, results in repairs, and seeks to mitigate potential cost, displacement, and relocation impacts on residents. As the name suggests, this effort is meant to be proactive to help promote the good condition and upkeep of Laguna Woods’ housing stock.
1.3.5 Housing Costs and Affordability
The cost of housing is directly related to the extent of housing problems in a community. If housing costs are relatively high in comparison to household income, there will be a higher prevalence of overpayment and overcrowding. This section summarizes the cost and affordability of the housing stock to Laguna Woods residents.
1.3.5.1 Rental Housing Market
According to the 2014–2018 ACS, the rental vacancy rate in Laguna Woods was 5.9 percent, indicating a tight rental market in Laguna Woods. A point-in-time survey of available rental units within Laguna Woods listed on Zillow and Apartments.com was conducted in early April 2021. While not comprehensive, it provides a snapshot of the types of units available, as well as typical market rents.
Table Q includes the results of the survey by number of bedrooms.
Table Q: Median and Average Market Rents by Number of Bedrooms (April 2021)
Number of Bedrooms Units Advertised Rent Range Average Rent Median Rent 0 2 $2,320-$2,520 $2,420 $2,420
1 16 $1,550-$2,700 $2,039 $1,825
2 58 $2,150-3,950 $2,378 $2,200
3 5 $2,400-$3,950 $2,964 $2,895
All Units 81 $1,550-3,950 $2,349 $2,200
Source: Zillow.com and Apartments.com, accessed April 9, 2021.
A total of 81 units were listed for rent, with a median rent of $2,200. Two-bedroom units were the most prevalently available in Laguna Woods, with rents ranging from $2,150 to $3,950 and a median rent of $2,200.
1.3.5.2 Homeownership Market
Table R shows median home sale prices over 2 years for Laguna Woods and nearby communities. The February 2021 median home sales price in Laguna Woods represented a 14.5 percent decrease from February 2020. In contrast, Orange County as a whole experienced an increase in median sales prices during that time period, and many neighboring jurisdictions also saw only slight to moderate
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 21
Table R: Annual Median Home Prices (2020–2021)
Jurisdiction February 2020
Median Sales Price
February 2021
Median Sales Price
Percent Change
2020-2021
Laguna Woods $380,000 $325,000 -14.5%
Aliso Viejo $545,000 $675,000 23.9%
Irvine $871,500 $900,000 3.3%
Laguna Beach $1,972,500 $2,230,000 13.1%
Laguna Hills $785,000 $813,000 3.6%
Lake Forest $742,000 $789,000 6.3%
Orange County $748,500 $820,000 9.6%
Source: Corelogic.com, California Home Sale Activity by City, February 2021. increases. With the exception of Laguna Woods, all of the communities listed experienced an increase in home sale prices between February 2020 and February 2021, with Aliso Viejo and Laguna Beach seeing double-digit increases. In February 2021, the median home sales price for Laguna Woods was $325,000, representing a decrease of over 14 percent from February 2020. Given that this price decline is somewhat anomalous in comparison to other nearby cities, it may be tied to the severe impacts that the COVID-19 pandemic has had on the senior population.
1.3.5.3 Housing Affordability
The affordability of housing in Laguna Woods can be assessed by comparing market rents and sales prices with the amount that households of different income levels can afford to pay for housing.
Compared together, this information can reveal who can afford what size and type of housing as well as indicate the types of households that would most likely experience overcrowding or overpayment.
Table S provides estimates of affordable rents and home prices based on HCD’s 2021 income limits for Orange County; current mortgage rates (i.e., 3.0 percent for a 30-year fixed-rate mortgage); and cost assumptions for utilities, taxes, and insurance.
Based on the housing costs presented earlier in Table R, Laguna Woods residents with lower incomes are unable to afford purchasing a home in Laguna Woods. Additionally, based on the overall median rent presented in Table Q, affordable rentals for lower-income households are difficult to find in Laguna Woods.
Extremely Low-Income Households. Extremely low-income households earn 30 percent or less of the AMI. Based on the assumptions utilized for Table S, the affordable home price for an extremely lowincome household ranges from $66,158 for a five-person household to $79,721 for a two-person household; therefore, homeownership is out of reach for Laguna Woods residents within this income category. Affordable rents for extremely low-income households range from $507 to $637 per month.
Based on the median rents presented in Table Q, even one-bedroom units are unaffordable for all extremely low-income households. Severe overpayment or overcrowding may occur as a result of the gap between market costs and affordability.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 22
Table S: Estimated Affordable Housing Price by Income and Household Size (2021) Annual
Income Limits
Affordable
Monthly
Housing Cost
Utility
Allowance
(2020)
Taxes, Insurance
and HOA
Affordable
Home Price
Affordable
Rent
Extremely Low Income (0–30% AMI)
1-Person (studio) $28,250 $706 $199 $247 $68,591 $507
2-Person (1 bedroom) $32,300 $808 $222 $283 $79,721 $586 3-Person (2 bedroom) $36,350 $909 $293 $318 $78,471 $616 4 Person (3 bedroom) $40,350 $1,009 $372 $353 $74,783 $637 5 Person (4 bedroom) $43,600 $1,090 $457 $382 $66,158 $633 Very Low Income (30–50% AMI)
1-Person $47,100 $1,178 $199 $412 $149,297 $979
2-Person $53,800 $1,345 $222 $471 $171,829 $1,123
3-Person $60,550 $1,514 $293 $530 $182,043 $1,221
4 Person $67,250 $1,681 $372 $588 $190,080 $1,309
5 Person $72,650 $1,816 $457 $636 $190,607 $1,359
Low Income (50–80% AMI)
1-Person $75,300 $1,883 $199 $659 $270,000 $1,684
2-Person $86,050 $2,151 $222 $753 $309,992 $1,929
3-Person $96,800 $2,420 $293 $847 $337,335 $2,127
4 Person $107,550 $2,689 $372 $941 $362,569 $2,317
5 Person $116,200 $2,905 $457 $1,017 $377,130 $2,448
Median Income (80–100% AMI)
1-Person $74,700 $1,868 $199 $654 $267,365 $1,669
2-Person $85,350 $2,134 $222 $747 $306,962 $1,912
3-Person $96,050 $2,401 $293 $840 $334,238 $2,108
4 Person $106,700 $2,668 $372 $934 $358,814 $2,296
5 Person $115,250 $2,881 $457 $1,008 $373,243 $2,424
Moderate Income (100–120% AMI)
1-Person $89,650 $2,241 $199 $784 $331,604 $2,042
2-Person $102,450 $2,561 $222 $896 $380,359 $2,339
3-Person $115,250 $2,881 $293 $1,008 $416,465 $2,588
4 Person $128,050 $3,201 $372 $1,120 $450,462 $2,829
5 Person $138,300 $3,458 $457 $1,210 $471,875 $3,001
Sources: (1) HCD, 2021;
(2) Orange County Housing Authority Utility Allowance Schedule, December 2020; (3) LSA Associates, Inc., 2021.
Assumptions: 2021 HCD income limits; 30.0% gross household income as affordable housing cost; 35.0% of monthly affordable cost for taxes and insurance, 10% down payment; and 3.0% interest rate for a 30-year fixed-rate mortgage loan. Utilities based on Orange County Housing and Community Development Utility Allowance Schedule.
AMI = Annual Median Income
HOA = Homeowners Association
Very Low-Income Households. Very low-income households earn between 30 percent and 50 percent of the AMI. Very low-income households can afford between $979 and $1,359 on monthly rent, depending on household size. However, based on the market rents presented in Table Q, rental units of any size in Laguna Woods would require a very low-income household to pay over the affordability threshold of 30 percent. Home ownership is also unaffordable for very low-income households in Laguna Woods, with affordable home prices for this income category ranging from $149,297 to $190,607, well below Laguna Woods’ median home sales price of $325,000 in February 2021.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 23
Low-Income Households. Low-income households earn between 50 and 80 percent of the AMI.
Depending on household size, a low-income household can afford monthly rent between $1,684 and $2,448. Based on the market rents in listed Table Q, low-income households would generally be able to afford some one-bedroom units in Laguna Woods. However, larger rental units are still unaffordable for this income category, which may result in overpayment or overcrowding due to larger families renting smaller units. Based on Table S, low-income households can afford home sale prices between $270,000 and $377,130. Therefore, homeownership remains largely out of reach for this income group when compared with Laguna Woods’ median home sales price as low-income households may only be able to afford the purchase of a small home.
Median-Income Households. Median-income households earn between 80 and 100 percent of the AMI. Median-income households can afford to purchase a home with a purchase price ranging from $267,365 to $373,243. With Laguna Woods’ median home sales price at $325,000 in February 2021, homeownership is affordable for median-income households seeking a smaller home. Medianincome households can afford a monthly rent payment ranging from $1,669 for a one-person household to $2,424 for a five-person household. Based on median market rents within Laguna Woods, median-income households can generally afford one- and two-bedroom rental units, and larger households may be able to afford some lower-priced three-bedroom units. However, four- and five-person households may be overcrowded into smaller units or overpay to afford an appropriately sized unit.
Moderate-Income Households. Moderate-income households earn 100 to 120 percent of the AMI.
Moderate-income households can afford a home sales price ranging from $331,604 to $471,875.
Therefore, with the median home sales price in Laguna Woods at $325,000 in February 2021, homeownership is affordable to households with moderate incomes. Moderate-income households can afford monthly rent from $2,042 for a one-person household to $3,001 for a five-person household. Based on the market rents presented in Table Q, moderate-income households can generally afford one-, two-, and three-bedroom units within Laguna Woods.
1.3.6 Assisted Housing at Risk of Conversion
State Housing Element law requires an analysis of the potential for currently rent-restricted lowincome housing units to convert to market rate housing and to propose programs to preserve or replace any units “at risk” of conversion. This section presents an inventory of all assisted rental housing in Laguna Woods and evaluates those units at risk of conversion during the 8-year 2021 to 2029 planning period.
1.3.6.1 Assisted Housing Inventory
Laguna Woods contains one development of assisted multifamily rental housing with 17 affordable units, as presented in Table T. This inventory includes all multifamily rental units assisted under federal, State, and local programs, including HUD, State/local bond programs, density bonus, inclusionary, and local direct assistance programs. As no units within Laguna Woods are at risk of conversion to market rate units in 10 years or less, an analysis has not been conducted to evaluate the replacement value, qualified entities to manage such a project, or potential funding sources for at-risk units.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 24
Table T: Inventory of Subsidized Rental Housing for Lower Income Households Project Name Tenant Type Total Units Affordable
Units
Applicable
Programs Potential Conversion Date
Not At-Risk
San Sebastian Senior 134 17 Density Bonus October 16, 2054 Total 134 17
1.3.7 Existing Housing Needs
1.3.7.1 Overpayment
Overpayment remains a critical issue for many Laguna Woods residents, particularly renters and lower-income households. Affordability problems occur when housing costs become so high in relation to income that households have to pay an excessive proportion of their income for housing.
According to the metric utilized by HUD, a household is cost burdened if housing costs (including utilities) exceed 30 percent of gross household income. Severe cost burden occurs when housing costs exceed 50 percent of gross income.
Table U indicates the number of cost-burdened households within Laguna Woods and Orange County by tenure. As shown in Table U, overpayment impacts 70 percent and 53 percent of renter households in Laguna Woods and Orange County, respectively. Overpayment impacts nearly 41 percent and 31 percent of owner households in Laguna Woods and Orange County, respectively. More renter households are also impacted by severe cost burden, compared to owner households in both the City and the County. Laguna Woods has a higher percentage of cost burdened and severely cost burdened households among both renter and owner households.
Table U: Cost Burden by Tenure
Renter Households Owner Households Total Households
Number Percent of
Total Number Percent of Total Number Percent of Total
Laguna Woods
With Cost Burden >30% 1,885 70.1% 3,475 40.6% 5,360 47.6% With Cost Burden >50% 1,210 45.0% 1,875 21.9% 3,085 27.4% Total 2,690 100.0% 8,560 100.0% 11,250 100.0%
Orange County
With Cost Burden >30% 230,720 52.9% 184,825 31.4% 415,545 40.5% With Cost Burden >50% 118,650 27.2% 79,255 13.5% 197,905 19.3% Total 436,425 100.0% 588,550 100.0% 1,024,975 100.0%
Source: HUD Comprehensive Housing Affordability Strategy (CHAS), 2017 ACS 5-year estimates.
ACS = American Community Survey
HUD = United States Department of Housing and Urban Development
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 25
Table V provides more detailed information on cost burden by income group, tenure, and household type. Overall, cost burden tends to impact proportionately more senior renters than senior homeowners, with the exception of low-income senior renters. Rates of overpayment for small families who rent were 100 percent in the very low and low-income categories. Extremely low-income small-family households who own their own homes are also heavily impacted, with 97 percent experiencing a cost burden and 83 percent experiencing a severe cost burden. As described earlier, Laguna Woods has very few large-family households. Of the few large-family households in Laguna Woods, none are affected by a high cost burden.
Table V: Cost Burden by Income Level, Tenure, and Household Type Income
Group
Cost
Burden
Seniors Small Family Large Family
>30% >50% Total >30% >50% Total >30% >50% Total
Extremely
Low
(<= 30%
HAMFI2)
Owner 79% 69% 1865 97% 83% 30 0% 0% 0
Renter 87% 86% 800 0% 0% 0 0% 0% 0
Very Low
(31–50%
HAMFI)
Owner 52% 16% 1750 0% 0% 0 0% 0% 0
Renter 77% 57% 635 100% 100% 4 0% 0% 0
Low
(51–80%
HAMFI)
Owner 25% 6% 1780 0% 0% 50 0% 0% 0
Renter 85% 19% 455 100% 0% 20 0% 0% 0
Moderate
(81–100%
HAMFI)
Owner 15% 3% 965 13% 0% 75 0% 0% 0
Renter 65% 0% 200 0% 0% 15 0% 0% 0
Above
Moderate
(>100%
HAMFI)
Owner 3% 0% 1580 0% 0% 105 0% 0% 0
Renter 3% 0% 375 0% 0% 15 0% 0% 0
Source: HUD Comprehensive Housing Affordability Strategy (CHAS), 2017 ACS 5-year estimates. 1 Data presented in this table are based on special tabulations from the ACS data. Due to the small sample size, the margins for error can be significant. Interpretations of these data should focus on the proportion of households in need of assistance rather than on precise numbers. 2 HAMFI = HUD Area Median Family Income
ACS = American Community Survey
HUD = United States Department of Housing and Urban Development
1.3.7.2 Overcrowding
The United States Census defines overcrowding as an average of more than one person per room in a housing unit, including the living and dining room but excluding kitchens, bathrooms, and hallways.
Severe overcrowding occurs when a unit is occupied by more than 1.5 persons per room. The incidence of overcrowded housing is a general measure of whether there is an available supply of adequately sized housing units. Overcrowding can also occur when housing costs are high in relation to income and families are forced to live together in order to pool income to pay the rent or mortgage.
Table W shows the incidence of overcrowding in Laguna Woods by tenure, as estimated by the 2014– 2018 ACS.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 26
Table W: Overcrowding by Tenure
Overcrowding Laguna Woods Orange County
Number Percent of Total Number Percent of Total
Owner Occupied Units 8,305 100.0% 592,269 100.0%
Not Overcrowded (1.00 or Less Occupants/Room) 8,292 99.8% 570,469 96.3% Overcrowded
1.01 to 1.50 Occupants/Room 0 0.0% 15,731 2.7%
1.51 or More Occupants/Room 13 0.2% 6,069 1.0%
Renter Occupied Units 2,851 100.0% 440,104 100.0%
Not Overcrowded (1.00 or Less Occupants/Room) 2,851 100.0% 370,391 84.2% Overcrowded
1.01 to 1.50 Occupants/Room 0 0.0% 43,900 10.0%
1.51 or More Occupants/Room 0 0.0% 25,813 5.9%
Total Overcrowded 13 0.1% 91,513 8.9%
Source: 2018 ACS 5-year estimates.
As shown in Table W, an estimated total of 13 households experienced overcrowding in Laguna Woods in 2018, representing just under 0.1 percent of all households in Laguna Woods. Countywide, approximately 9 percent of households experienced overcrowded conditions. All 13 of the households in Laguna Woods that experience overcrowding are in the severe overcrowding category.
1.3.7.3 Displacement and Disproportionate Housing Needs Using the Urban Displacement Project’s Gentrification and Displacement maps, the westernmost areas of Laguna Woods fall into the following displacement typologies: 3
• Stable/advanced exclusive (with risk factors of being susceptible to rent change); • Stable moderate/mixed-income (with risk factors of being located in an area that is susceptible to rent change, has a rent gap, and is a hot market); and
• Low-income/susceptible to displacement (with risk factors of being mostly low income, being located in an area that is susceptible to rent change, has a rent gap, and is a hot market).
The eastern and southernmost areas fall into the following displacement typologies:
• At risk of becoming exclusive (with risk factors of being located in an area that is susceptible to rent change and that has a rent gap, and is a hot market); • Low-income/susceptible to displacement (with risk factors of being mostly low income, being located in an area that is susceptible to rent change, has a rent gap, and is a hot market); and • Ongoing displacement (with risk factors of being mostly low income, being located in an area that is susceptible to rent change, has a rent gap, and is a hot market). 3 Los Angeles – Gentrification and Displacement. Urban Displacement Project. Website: https://www. urbandisplacement.org/maps/los-angeles-gentrification-and-displacement/ (accessed October 1, 2021).
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 27
Job displacement risk varies throughout Laguna Woods, with the lowest rate being 5.2 percent in central Laguna Woods, and the highest rate being 23.8 percent in the easternmost part of Laguna Woods.
In summary, although the majority of Laguna Woods has a low risk of displacement, certain sections of Laguna Woods, particularly the eastern and southernmost areas, and specifically Census Tract 626.46, are either susceptible to displacement or experiencing ongoing displacement, as well as at risk for job displacement.
1.4 AFFIRMATIVELY FURTHERING FAIR HOUSING
In January 2019, Assembly Bill (AB) 686 introduced an obligation to affirmatively further fair housing (AFFH) into California State law. AB 686 defined “affirmatively further fair housing” to mean “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for persons of color, persons with disabilities, and other protected classes. AB 686 added an assessment of fair housing to the Housing Element that includes the following components: a summary of fair housing issues and assessment of local fair housing enforcement and outreach capacity, an analysis of segregation patterns and disparities in access to opportunities, an assessment of contributing factors, and an identification of fair housing goals and actions.
To assist in this analysis, HCD and the California Tax Credit Allocation Committee (TCAC) convened the California Fair Housing Task Force to “provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and other related State agencies/departments to further the fair housing goals (as defined by HCD).” The California Fair Housing Task Force has created opportunity maps to identify resource levels across the State “to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with 9% Low Income Housing Tax Credits (LIHTCs).” These opportunity maps are made from composite scores of four different domains made up of a set of indicators. Table X shows the full list of indicators.
Table X: Domains and Lists of Indicators for Opportunity Maps Domain Indicator
Economic Poverty
Adult education
Employment
Job proximity
Median home value
Environmental CalEnviroScreen 3.0 pollution Indicators and values Education Math proficiency
Reading proficiency
High School graduation rates
Student poverty rates
Poverty and Racial Segregation Poverty: tracts with at least 30% of population under federal poverty line Racial Segregation: Tracts with location quotient higher than 1.25 for Blacks, Hispanics, Asians, or all people of color in comparison to the County Source: California Fair Housing Task Force, Methodology for the 2020 TCAC/HCD Opportunity Maps, June 2020.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 28
1.4.1 Fair Housing Issues
1.4.1.1 Discrimination, Enforcement, and Outreach
The Fair Housing Council of Orange County (FHCOC) works to ensure equal access to housing opportunities and elimination of housing discrimination by providing services throughout Orange County (including Laguna Woods) including community education, individual counseling, mediation, and low-cost advocacy. The FHCOC investigates claims of housing discrimination and assists with referrals to the California Department of Fair Employment and Housing, the State agency that investigates complaints of employment and housing discrimination. Questions received by the City regarding potential housing discrimination are referred to the FHCOC. The City does not have a record of the number of issues or complaints within Laguna Woods that the FHCOC has addressed.
The Orange County Analysis of Impediments to Fair Housing Choice (dated May 27, 2020) (Orange County AI), prepared by the Lawyers’ Committee for Civil Rights Under Law, examines “structural barriers to fair housing choice and access to opportunity for members of historically marginalized groups protected from discrimination by the federal Fair Housing Act (FHA).” According to the Orange County AI, the FHCOC received 363 allegations of housing discrimination between 2015 and 2019 within the Urban County (which includes Laguna Woods). Of those allegations, 179 cases were opened within the Urban County “where the allegations seemed sufficiently meritorious to warrant further investigation and/or action” and testing included “362 systemic onsite tests, either paired or ‘sandwich’, 51 tests occurring in the jurisdiction and 215 other testing activities.” The number of fair housing cases and tenant/landlord issues addressed by FHCOC represents approximately 0.03 percent of the population and four percent of households in the Urban County area.
According to HUD’s Fair Housing Enforcement and Outreach (FHEO) Inquiries by City data (found in the Fair Housing Enforcement and Outreach Capacity data layer on HCD’s AFFH Data Viewer), Laguna Woods had 0.24 inquiries per 1,000 people between 2013 and 2021. This ratio is slightly higher than the adjacent cities of Laguna Beach (0.17), and Laguna Hills (0.16), but lower than the cities of Irvine (0.28) and Aliso Viejo (0.37). Of the four complaints during this period, two were found to have no valid basis or issue and two were not resolved due to a failure to respond. None of the complaints appear to be associated with discrimination due to disability, race, familial status, national origin, religion, sex, or color.
The City complies with existing fair housing laws and regulations, including by explicitly prohibiting discrimination against persons receiving housing assistance (Section 13.25.110(h) of the City’s Zoning Code). A review of the City’s Zoning Code and other policies and regulations conducted as part of the preparation of this Housing Element found no instances of inconsistency with existing fair housing laws and regulations, nor any regulatory impediments to the City’s ability to investigate complaints, obtain remedies, or engage in fair housing testing.
Chapter 1.06 of the City’s Municipal Code, which enables the use of administrative citations and civil fines for code enforcement, defines “code” as including “the Building Code, and all Uniform Codes or other codes or regulations of the State of California or the County of Orange or otherwise applicable to the City of Laguna Woods,” in addition to City-adopted ordinances. The City Manager possess broad authority pursuant to Section 1.06.020(25) of the City’s Zoning Code to designate any officer, agent or employee of the City to enforce provisions of the code.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 29
Housing-related code enforcement is currently provided under contract by two professional firms with extensive qualifications and experience – Interwest Consulting Group (focusing on building issues) and Willdan Engineering (focusing on zoning and quality of life issues, as well as providing support for building issues). Both contracts allow for an expansion of base services on an “asneeded” basis (e.g., to handle increased or unusually complex cases), as well as access to technical experts (e.g., Certified Access Specialists) when necessary. The City’s Development Programs Analyst manages both contracts and provides staff-level oversight of code enforcement services.
When necessary, legal and litigation services for housing-related code enforcement is provided by Rutan & Tucker, LLP in that firm’s role as City Attorney.
After considering the AFFH analysis contained in this Housing Needs Assessment, the City has concluded that enhanced fair housing-related outreach could benefit existing and prospective residents of Laguna Woods. To that end, programs H-3.1.2, H-3.2.1, and H-3.2.2 are included and consistent with HCD’s AFFH guidance memorandum dated April 2021 in that they involve a variety of methods, proactive marketing, language access, accessibility for persons with disabilities, and consultation with relevant organizations. The alignment of those programs with HCD guidance and assessment of contributing factors is further described in Tables AB and AC.
1.4.1.2 Patterns of Segregation and Minority Concentrations Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns, as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. According to the California Fair Housing Task Force Opportunity Maps, none of the census tracts within Laguna Woods are designated as areas with high segregation and poverty.
According to HUD, the definition of a racially/ethnically concentrated area of poverty (R/ECAP) involves a racial/ethnic concentration threshold and a poverty test. The racial/ethnic concentration threshold states that R/ECAPs must have a non-white population of 50 percent or more, and the poverty threshold states that a neighborhood can be identified as a R/ECAP if it has a poverty rate that exceeds 40 percent or is three or more times the average poverty rate for the various census tracts in the metropolitan/micropolitan area, whichever threshold is lower.
As depicted in Table K in Exhibit C, Housing Sites Inventory, Laguna Woods does not include any neighborhoods that meet the poverty test because the percentage of residents living below the federal poverty threshold is 15.7 percent or lower in each of Laguna Woods’ census tracts. Table Y provides data regarding race, ethnicity, and median household income in Orange County, Laguna Woods, the neighboring cities of Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest, and each of the eight census tracts that are partially or entirely within Laguna Woods.
As Table Y indicates, the White population is the largest race/ethnic group in each of the census tracts in Laguna Woods as well as within Orange County and all neighboring cities of Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest. There is also a large Asian population that is uniformly present in each of Laguna Woods’ eight census tracts, and within the cities surrounding Laguna Woods with a slightly larger percentage of Asians (33.3 percent) present in Census Tract 626.21.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 30
Table Y: Racial/Ethnic Concentrations and Income Levels Jurisdiction White1
Black or
African
American1
American
Indian and
Alaska
Native1
Asian1
Native
Hawaiian
and Pacific
Islander1
Some
other
Race or
Two or
More
Races1
Hispanic
or Latino
(of any
race)1
Median
Household
Income2
Orange
County 61.0% 1.8% 0.5% 20.5% 0.3% 16.0% 34.1% $90,234
Laguna
Woods 76.3% 0.7% 0.1% 19.7% 0.0% 3.2% 5.8% $44,020
Aliso Viejo 80.0% 2.4% 0.5% 15.6% 0.1% 11.4% 18.1% $112,689 Laguna Hills 70.9% 1.5% 0.1% 14.7% 0.1% 12.9% 22.0% $100,985 Laguna Beach 89.5% 0.8% 0.1% 3.8% 0.0% 5.7% 8.2% $129,983 Lake Forest 65.9% 2.2% 1.0% 18.8% 0.1% 11.9% 21.9% $109,492 Census Tract
626.21 61.5% 1.6% 0.1% 9.6% 0.0% 7.2% 12.6% $111,425
Census Tract
626.22 78.2% 0.4% 0.0% 19.0% 0.0% 2.4% 7.9% $44,119
Census Tract
626.25 64.1% 0.3% 0.0% 12.9% 0.0% 22.8% 32.5% $45,214
Census Tract
626.41 65.4% 1.6% 0.0% 18.1% 0.0% 14.8% 22.0% $88,986
Census Tract
626.46 72.9% 2.9% 0.0% 19.2% 0.0% 5.0% 7.0% $41,875
Census Tract
626.47 67.4 3.7% 0.3% 17.3% 0.0% 11.2% 21.8% $54,327
Census Tract
626.48 75.6% 0.0% 0.0% 19.3% 0.0% 5.0% 4.2% $45,000
Census Tract
626.49 79.3% 0.0% 0.0% 17.2% 0.0% 3.4% 11.8% $60,254
1 American Community Survey, 2019 5-Year Estimates. Table DP05. 2 American Community Survey, 2019 5-Year Estimates. Table S1901.
The only census tract with a slightly outlying ethnic composition is Census Tract 626.25, where 325.4 percent of the population is Hispanic or Latino (of any race). The surrounding cities of Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest all have average percentages of Hispanic population. As shown in Table Y, the median household income in Census Tract 626.21 ($111,425) is substantially higher than Laguna Woods overall. The median household incomes in all cities surrounding Laguna Woods are also substantially larger than the median household income in Laguna Woods and most of its census tracts, which is indicative of the nature of Laguna Woods as being a community mostly consisting of retired people. This information points to the absence of R/ECAPs in Laguna Woods, the surrounding jurisdictions of Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest, and the region.
Table Z provides a breakdown of the percentage of White population and median household income (for all households and White households), which may be used as a determinant of areas of affluence, consistent with State guidance. This information is then used to determine whether there are any Racially Concentrated Areas of Affluence (RCAAs) within Laguna Woods and address whether there are any RCAAs in the region.
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 31
Table Z: White Median Household Income and Population
Orange
County
Laguna
Woods Aliso Viejo Laguna Hills Laguna Beach Lake Forest All Households Median
Household (HH) Income1 $90,234 $44,020 $112,689 $100,985 $129,983 $109,492 White Median HH
Income2 $94,082 $43,524 $113,104 $102,776 $132,063 $111,823 Black Median HH
Income3 $76,136 $48,750 $109,135 $191,845 - $101,250
Hispanic Median HH
Income4 $68,971 $24,250 $104,140 $77,107 $76,518 $83,002 Asian Median HH
Income5 $93,777 $54,440 $125,000 $90,337 $118,854 $112,048 Percent White
Population6 61.0% 76.3% 80.0% 70.9% 89.5% 65.9%
1 American Community Survey 2019 5-Year Estimates. Table S1901. 2 American Community Survey 2019 5-Year Estimates. Table B19013A. 3 American Community Survey 2019 5-Year Estimates. Table B19013B. 4 American Community Survey 2019 5-Year Estimates. Table B19013I. 5 American Community Survey 2019 5-Year Estimates. Table B19013D. 6 American Community Survey 2019 5-Year Estimates. Table DP05.
The median income of all households as well as White households in Laguna Woods is lower than the median income of all households and White households in Orange County. The 2015–2019 ACS 5-Year Estimates show that in Laguna Woods, the median household income for Hispanic residents is $24,250, for White residents is $43,524, for Black residents is $48,750, and for Asian residents is $54,440. Based on this information, Laguna Woods is not an area of affluence. Additionally, based on the information in Table Z related to household incomes of minority populations within the region, Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest are areas of affluence due to their median household incomes being higher than Orange County and due to their high percentage of White population. Additionally, there are disparities in the income levels among the four cities’ minority groups, especially among all minorities versus the ethnically Hispanic population.
1.4.1.3 Access to Opportunities
HCD and the California Tax Credit Allocation Committee (TCAC) convened the California Fair Housing Task Force to provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and other related State agencies/departments to further fair housing goals (as defined by HCD). The California Fair Housing Task Force has compiled data to identify resource levels across the State to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with 9 percent Low Income Housing Tax Credits (LIHTCs).
The data reflect composite scores of four different domains (environmental, economic, education, and poverty and racial segregation) which are made up of their own sets of indicators. Figure 6 in Exhibit C, Housing Sites Inventory, depicts the Laguna Woods census tracts and their TCAC Opportunity Area categorization based on their composite scores. Table AA shows the California Fair Housing Task Force Opportunity Map composite scores, domain scores, and categorization for all eight of the census tracts that are partially or entirely within Laguna Woods.
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 32
Table AA: Opportunity Map Scores and Categorization (2020) Census Tract Economic Domain
Score
Environmental
Domain Score
Education
Domain Score
Composite
Index Score Final Category
626.21 0.74 0.516 0.38 0.029 Moderate Resource
(Rapidly Changing)
626.22 0.005 0.542 0.203 -0.63 Low Resource
626.25 0.132 0.787 0.503 -0.064 Moderate Resource
626.41 0.598 0.821 0.442 0.144 Moderate Resource
(Rapidly Changing)
626.46 0.021 0.799 0.291 -0.423 Low Resource
626.47 0.127 0.511 0.343 -0.335 Low Resource
626.48 0.002 0.925 0.388 -0.439 Low Resource
626.49 0.34 0.882 0.7 0.283 High Resource
Source: California Fair Housing Task Force, TCAC/HCD Opportunity Maps, 2020 Statewide Summary Table.
The majority of the census tracts within Laguna Woods are categorized as Low Resource areas. There are three census tracts within Laguna Woods that are categorized as Moderate Resource areas (of these, two are “Rapidly Changing”) and one census tract (Census Tract 626.49) is categorized as a High Resource area. Census Tract 626.49 is located in the westernmost portion of Laguna Woods (west of Avenida Sosiega) adjacent to the Woods End Wilderness Preserve. Table AB takes an in-depth look at all census tracts that are not categorized as high resource areas.
Table AB: Low and Moderate TCAC Resource Level Census Tracts in Laguna Woods (2020) Census Tracts
626.21 626.22 626.25 626.41 626.46 626.47 626.48
TCAC Resource Level1
Moderate
(Rapidly
Changing)
Low Moderate
Moderate
(Rapidly
Changing)
Low Low Low
TCAC Economic Score1 0.74 0.005 0.132 0.598 0.021 0.127 0.002 TCAC Education Score1 0.38 0.203 0.503 0.442 0.291 0.343 0.388 TCAC Environmental
Score1 0.516 0.542 0.787 0.821 0.799 0.511 0.925
Race/Ethnicity2
White 61.5% 78.2% 64.1% 65.4% 72.9% 67.4% 75.6%
Black 1.6% 0.4% 0.3% 1.6% 2.9% 3.7% 0.0%
Asian/Pacific Islander 9.6% 19.0% 12.9% 18.1% 19.2% 17.3% 19.3% Some Other Race or Two
or More Races 7.2% 2.4% 22.8% 14.8% 5.0% 11.2% 5.0%
Hispanic (of any race) 7.9% 7.9% 32.5% 22.0% 7.0% 21.8% 4.2% % of Population in
Poverty3 7.7% 13.7% 12.4% 3.3% 10.6% 15.7% 12.9%
% of Population that is
Disabled4 7.2% 22.6% 14.1% 13.8% 25.4% 16.9% 26.4%
Total #/Type of Housing5 4,623 units 2,535 units 1,960 units 2,024 units 2,425 units 2,351 units 1,862 units Single Family Home 63.0% 21.7% 43.4% 61.2% 40.8% 33.5% 45.9%
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 33
Table AB: Low and Moderate TCAC Resource Level Census Tracts in Laguna Woods (2020) Census Tracts
626.21 626.22 626.25 626.41 626.46 626.47 626.48
TCAC Resource Level1
Moderate
(Rapidly
Changing)
Low Moderate
Moderate
(Rapidly
Changing)
Low Low Low
Multi-family Home 37.0% 71.4% 56.6% 38.8% 59.2% 66.5% 54.1% Age of Housing Stock6
< 30 yrs old 3,024 149 77 865 159 314 23
> 30 yrs old 1,935 2,670 2,006 1,356 2,544 2,315 2,088
% Owner/% Renter HH5 51.0% Owner
79.0% Renter
70.5% Owner
29.5% Renter
72.1%
Owner
27.9%
Renter
61.5%
Owner
38.5%
Renter
83.2%
Owner
16.8%
Renter
45.2%
Owner
54.8%
Renter
68.1%
Owner
31.9%
Renter
% HH with Burden7 36.4% 52.9% 46.1% 50.7% 38.3% 55.5% 48.8% 1 California Fair Housing Task Force, TCAC/HCD Opportunity Maps, 2020 Statewide Summary Table. 2 American Community Survey, 2019 5-Year Estimates. Table DP05 3 American Community Survey 2019 5-Year Estimates. Table S1701. 4 American Community Survey 2019 5-Year Estimates. Table S1810. 5 American Community Survey 2019 5-Year Estimates. Table S1101. 6 American Community Survey 2019 5-Year Estimates. Table B25034. 7 HUD AFFH Mapping and Data Tool. Map 6 – Housing Problems. Website: https://egis.hud.gov/affht/ (accessed May 6, 2022).
Seven of the eight census tracts in Laguna Woods have a moderate or low TCAC resource level. The surrounding cities of Aliso Viejo, Laguna Hills, Laguna Beach, and Lake Forest have comparatively higher TCAC resource levels than Laguna Woods.4
In order to assist with the long-term development of funding for major capital improvement projects to tackle the moderate to low resources in various parts of Laguna Woods, the City has adopted an 11-year Capital Improvement Program (CIP), which is updated and readopted on an annual basis.
Table AC contains a list of CIP projects approved for the City for fiscal years 2023–2032, as of May 2022, and the census tract(s) where they are located.
Table AC: CIP Projects in Laguna Woods
Fiscal Year Project Fund Name Funds Census Tract(s)
2023–2024
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $309,800 626.46 and 626.41
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 7
Community Development
Grant (CDBG) Fund $150,000 Various
2024–2025
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $270,600 626.46 and 626.41
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 8
CDBG Fund $150,000 Various
4 California Tax Credit Allocation Committee (TCAC). 2020 Opportunity Maps. Website: https://belonging. berkeley.edu/tcac-opportunity-map-2020 (accessed May 6, 2022).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 34
Table AC: CIP Projects in Laguna Woods
Fiscal Year Project Fund Name Funds Census Tract(s)
2025–2026
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $244,200 626.48 and 626.49
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 9
CDBG Fund $150,000 Various
2026–2027
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $253,100 626.48 and 626.49
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 10
CDBG Fund $150,000 Various
2027–2028
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $240,900 626.41 and 626.48
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 11
CDBG Fund $150,000 Various
2028–2029
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $238,200 626.41 and 626.48
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 12
CDBG Fund $150,000 Various
2029–2030
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund $320,800 626.48
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 13
CDBG Fund $150,000 Various
2030–2031
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund TBD TBD
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 14
CDBG Fund $150,000 Various
2031–2032
Pavement Management Plan
Project
Road Maintenance &
Rehabilitation Program Fund TBD TBD
Americans with Disabilities Act
(ADA) Pedestrian Accessibility
Improvement Project: Phase 15
CDBG Fund $150,000 Various
Source: City of Laguna Woods Fiscal Years 2021-2023 Budget & Work Plan. Website: https://www.cityoflagunawoods.org/wp-content/ uploads/2021/06/2021-06-23-Adopted-Fiscal-Years-2021-23-Budget-Work-Plan-Website.pdf (accessed May 6, 2022).
Education. The Orange County AI details the various structural barriers to fair housing choice and access to opportunity for members of historically marginalized groups protected from discrimination by the federal Fair Housing Act (FHA). The Orange County AI uses the educational opportunity index, a value derived from data assembled by the California Fair Housing Task Force, to assess educational opportunity. The following disparities in access to education exist in Orange County:
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 35
1. Across all census tracts in Orange County, non-Hispanic Whites enjoy the best access to educational opportunity (index score of about 59) and non-Hispanic Asians have the secondhighest access to educational opportunity (index score of 53). Hispanics have the lowest access to these opportunities (index score of 31), with non-Hispanic Blacks in between (index score of 46).
2. The cities of Aliso Viejo, Huntington Beach, Irvine, Laguna Niguel, La Palma, Mission Viejo, and Rancho Santa Margarita score highly (index score of 60 or above) on educational opportunity across all racial categories.
3. San Juan Capistrano has relatively low access to educational opportunity, scoring below 10 on the index for all racial categories. San Clemente, Anaheim, and Santa Ana fare similarly poorly, although non-Hispanic Whites score higher (index score of 39) than other race/ethnic groups in Santa Ana. Buena Park, Costa Mesa, Garden Grove, Orange, La Habra, and Westminster are other cities that struggle with educational opportunity, all with scores in the 30s to 40s on the composite education index.
4. A few cities have educational opportunity patterns that mirror those of Orange County overall.
Non-Hispanic Whites in Fountain Valley enjoy good access to educational opportunity (index scores of about 60), whereas Hispanics in the city do not (index score of about 30). In both Fullerton and Tustin, non-Hispanic Whites and Asians have much better access to educational opportunity than Blacks and Hispanics.
The census tracts in Laguna Woods score relatively low in terms of access to educational opportunity, with indices ranging from 20 to 50. These low scores may reflect the nature of the city as one in which most of its residents live in retirement communities. The lowest educational opportunity scores are in Census Tract 626.22 (20) and the highest educational opportunity scores are in Census Tract 626.25 (50). Census Tract 626.22 is located in the northeastern portion of Laguna Woods.
Further, as shown in the Southern California Association of Governments (SCAG) Local Profiles 2021 dataset, none of the City’s residents were enrolled in public school from 2000 to 2020; therefore, Laguna Woods has not seen a change in public school enrollment since 2000.5 These data reflect the City’s status as a community mostly consisting of retired people. Laguna Woods does not have its own school district; it is served by the Laguna Beach Unified School District, Saddleback Valley Unified School District, and Capistrano Unified School District. Table AD below summarizes the demographic characteristics of the three school districts according to the California Department of Education’s School Dashboard website.
Table AD: School Districts Serving Laguna Woods
Laguna Beach Unified
School District1
Saddleback Valley Unified
School District2
Capistrano Unified School
District3
Race/Ethnicity
White 71.5% 40.4% 54.1%
5 Southern California Association of Governments (SCAG). 2021 Local Profiles Dataset. Website:
https://scag.ca.gov/sites/main/files/file-attachments/2021_local_profiles_dataset.xlsx (accessed May 9, 2022).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 36
Table AD: School Districts Serving Laguna Woods
Laguna Beach Unified
School District1
Saddleback Valley Unified
School District2
Capistrano Unified School
District3
Asian 4.9% 8.7% 6.6%
Two or More Races 8.2% 7.4% 6.6%
Hispanic 12.0% 37.3% 27.1%
Filipino 1% 3.5% 1.8%
African American 0.9% 1.2% 0.8%
English Learners 2.4% 17.8% 9.6%
Homeless 0.3% 5.0% 5.8%
Socioeconomically
Disadvantaged 12.0% 30.2% 25.4%
Students with Disabilities 11.1% 12.9% 12.2%
Graduation Rate4 97.9% 89.3% 96.8% 1 California Department of Education. California School Dashboard. Website: https://www.caschooldashboard.org/reports/ 30665550000000/2021 (accessed May 9, 2022). 2 California Department of Education. California School Dashboard. Website: https://www.caschooldashboard.org/reports/ 30736350000000/2021 (accessed May 9, 2022). 3 California Department of Education. California School Dashboard. Website: https://www.caschooldashboard.org/reports/ 30664640000000/2021 (accessed May 9, 2022). 4 California Department of Education. Dashboard Additional Report – Graduation Rate. Website: https://www6.cde.ca.gov/ californiamodel/gradreport?&year=2021&cdcode=3066555&scode=&reporttype=schools (accessed May 9, 2022).
According to the California Department of Education, the statewide graduation rate is 86.8 percent.
As shown in Table AD, the Laguna Beach Unified School District, Saddleback Valley School District, and Capistrano Unified School District all have graduation rates that exceed the statewide graduation rate.
Economic. The Orange County AI uses the Educational Opportunity index, a value derived from data assembled by the California Fair Housing Task Force, to assess economic opportunity. The following disparities in access to economic opportunity exist in Orange County:
1. Non-Hispanic White residents have the greatest access to economic opportunity. Asian and Pacific Islander residents (index score of 49), Native Americans (index score of 46), and Black residents (index score of 46) have lower index scores in the high to mid-40s. Hispanic residents (index score of 32) have the lowest access to economic opportunity of all racial and ethnic groups in Orange County.
2. Among residents living below the poverty line, White residents have the highest economic opportunity score (index score of 30) followed by Black residents (index score of 27) and Asian Americans and Pacific Islanders (index scores of 23). Low-income Native Americans and Hispanic residents have the lowest economic opportunity scores (index scores of 19).
3. There are major disparities in economic opportunity scores across racial/ethnic groups in cities in Orange County.
4. Economic opportunity index scores are generally lower in North Orange County than in South Orange County. Scores are especially low in Westminster, Garden Grove, and much of Santa Ana and Anaheim. Scores are generally high in much of Irvine, La Palma, and Tustin and along the coast
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 37
from Newport Beach to Laguna Niguel as well as in unincorporated areas near the eastern border with Riverside County.
5. Areas in Orange County with the highest index scores tend to have large concentrations of nonHispanic and Asian residents. By contrast, areas with the highest concentration of Hispanic residents tend to have lower economic opportunity index scores.
The census tracts in Laguna Woods have varied scores in economic opportunity, with indices ranging from 0.2 to 75. The census tracts with the lowest economic opportunity indices are Census Tract 626.22 (index score of 0.5), 626.25 (index score of 13.2), 626.46 (index score of 2.1), 626.47 (index score of 12.7), and 626.48 (index score of 0.2). These census tracts are located mostly in the eastern and southeastern portions of Laguna Woods and have resource levels of “Low” or “Moderate.” According to the Orange County AI, the economic opportunity index is a composite of four indicators depicting elements of neighborhood socio-economic character. These indicators are poverty, adult education, employment, and proximity to jobs. The SCAG 2019 Local Profiles indicate that the total number of jobs in Laguna Woods numbered 5,491, which is a 3.7 percent decrease from 2007.6 The report also stated that the mean travel time to work for Laguna Woods was 26 minutes, whereas the mean travel time to work for Orange County as a whole was 27.9 minutes. According to the HUD AFFH Data Viewer, Laguna Woods has a lower labor market index than the surrounding communities including Aliso Viejo, Laguna Beach, Laguna Hills, and Lake Forest. Census Tract 626.46 has the lowest labor market index, with a score of 28.7 Laguna Woods is similar to cities in central and northern Orange County, like Santa Ana, Garden Grove, and Westminster, which all have lower labor market engagement than cities in southern Orange County. Much of the low labor market indices in Laguna Woods are due to the City’s status as a community mostly consisting of retired people.
Transportation. According to the Orange County AI, the following disparities in access to low-cost transportation exist in Orange County:
1. Non-Hispanic Whites have the lowest scores (index score of 34). Asians and Pacific Islanders as well as Native Americans have an index score of 38. Black residents have a score of 39, while Hispanic residents have the highest score (index score of 42).
2. Regionally, low transportation cost index scores are similar for all racial and ethnic groups. NonHispanic Whites and Native Americans both have a score of 19, Asians/Pacific Islanders as well as Hispanics have a score of 20, and Black residents have a score of 21.
3. Low transportation cost index scores as well as transit index scores are generally higher in North Orange County than in South Orange County. Scores are generally higher in cities with greater 6 SCAG. Local Profiles Report 2019. Website: https://scag.ca.gov/sites/main/files/file-attachments/laguna woods_localprofile.pdf?1606012702 (accessed May 9, 2022). 7 HUD AFFH Mapping and Data Tool – Map 9 Demographics and Labor Market. Website: https://egis.hud. gov/affht/ (accessed May 9, 2022).
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 38
levels of density. Generally, North Orange County cities have a variety of residential living patterns with varying levels of density.
While the percentage of Laguna Woods residents using transit to commute to work has increased by 67 percent (0.9 percent in 2000 to 1.5 percent in 2019), Laguna Woods still has a relatively low percentage of residents that commute via public transit. The number of residents who commute to work via bicycle or walking has decreased by 57 percent from the year 2000 to 2018.
AllTransit is a database created by the Center for Neighborhood Technology to explore metrics that reveal the social and economic impact of transit, specifically looking at connectivity, access to jobs, and frequency of service. AllTransit’s overall evaluation was that Laguna Woods had a low combination of trips per week and number of accessible jobs, enabling few people to take transit to work. Specifically, while the vast majority of jobs within Laguna Woods are located within 0.5 mile of transit and Laguna Woods residents can access over 90,000 jobs within a 30-minute transit commute, the transit quality within Laguna Woods is low. There are only four transit routes within Laguna Woods, and none of them offer high-frequency service as defined by AllTransit, making commuting by means of public transportation difficult.
Environmental. The Orange County AI uses the environmental opportunity index, a value derived from indicators from the exposures and environmental effects subcomponents of the “pollution burden” domain of CalEnviroScreen 3.0, to assess environmental opportunity. The following disparities in access to environmental opportunity exist in Orange County:
1. Across all tracts in Orange County, non-Hispanic Whites exhibit the highest access to environmentally healthy neighborhoods (index score of about 54). All other racial/ethnic groups obtain lower index scores in the 40s: Hispanics score lowest at 41, followed by non-Hispanic Blacks (index score of 45), non-Hispanic Asian/Pacific Islander (index score of 47), and non-Hispanic Native Americans (index score of 48).
2. Jurisdictions with the highest environmental opportunity appear to have primarily large concentrations of non-Hispanic Whites and Asian/Pacific Islanders. Lower-scoring cities exhibit a diversity of residential patterns.
The California Office of Environmental Health Hazard Assessment (OEHHA) developed a screening methodology to help identify California communities disproportionately burdened by multiple sources of pollution, called the California Communities Environmental Health Screening Tool (CalEnviroScreen). High-scoring communities tend to be more burdened by pollution from multiple sources and most vulnerable to its effects, taking into account their socioeconomic characteristics and underlying health status. Scores for census tracts within Laguna Woods are listed in Table AE. Scores for Laguna Woods range between 4.81 and 28.08, which are relatively low. The highest-scoring area within Laguna Woods is the census tract on the southeast side of Laguna Woods near Interstate 5 (Census Tract 626.47).
Table AE: CalEnviroScreen Scores by Census Tract (2020) Census Tract CalEnviroScreen Score CalEnviroScreen Percentile 626.21 6.37 21
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 39
626.22 15.18 37
626.25 12.47 37
626.41 4.81 18
626.46 18.9 44
626.47 28.08 54
626.48 10.56 32
626.49 6.30 22
Source: CA Office of Environmental Health Hazard Assessment (OEHHA), CalEnviroScreen 4.0 Draft.
1.4.1.4 Assessment of Contributing Factors to Fair Housing in Laguna Woods As described in Exhibit B, Constraints Analysis, the cumulative effect of the City’s residential development standards does not constrain the expansion of housing opportunities. Density standards are consistent with the densities established for General Plan land use categories, and setback requirements provide minimal light and air for development, are typical in the region, and do not unreasonably constrain housing opportunities.
Further, the City encourages the development of affordable housing through Section 13.26.040 of the City’s Zoning Code, which provides for residential density bonuses to incentivize the production of housing for very low-income, lower-income, or senior households in accordance with Government Code Sections 65915 and 65917.
The City has also identified adequate sites to be made available through appropriate zoning and development standards to encourage the development of various types of housing for all economic segments of the population, including single-family housing, multifamily housing, senior housing, manufactured housing and mobile homes, accessory dwelling units, residential care facilities for persons with developmental disabilities, and single-room occupancy facilities. Additionally, with the adoption of the updated Housing Element, a program to amend the Zoning Code to include one or more mixed-use overlay zoning districts that would allow the development of commercial and residential uses on the same parcel would also be put into effect.
The City has not adopted unique restrictions that constrain the development of housing for persons with disabilities nor has it adopted regulations inconsistent with applicable federal or state law. There are no City-initiated constraints on housing for persons with disabilities caused or controlled by the City. In addition, the City has adopted formalized criteria and processing procedures for reasonable accommodation applications within its Zoning Code.
As described in Exhibit A Housing Needs Assessment, and as defined by the RHNA process, Laguna Woods’ new construction need for the 2021 to 2029 planning period has been established at 997 new units. The City will continue to zone sites for housing supported by a variety of programs to enhance affordability, to accommodate its RHNA and contribute toward addressing the growing demand for housing in the Southern California region.
Given that the City does not have prohibitive residential development standards or unique restrictions constraining development of housing for persons with disabilities and also encourages the development of affordable housing as well as various housing typologies, the City experiences the following local contributing factors to fair housing:
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 40
• Displacement Risk – As described in Section 1.3.7.3, Displacement and Disproportionate Housing Needs, some parts of Laguna Woods are either susceptible to displacement or experiencing ongoing displacement as well as at risk of job displacement according to the Urban Displacement Project’s Gentrification and Displacement Map. The same parts of Laguna Woods which are susceptible to displacement (Census Tracts 626.46 and 626.47) are also the areas in Laguna Woods with the highest renter vulnerability indices.
• Development Costs and Low Land Availability – As described in Exhibit B, Constraints Analysis, the availability and price of land represents a significant market constraint to housing production in Laguna Woods, where there is very little residentially designated vacant land. In June 2021, based on a survey of online real estate listings, there were no vacant properties listed for sale within Laguna Woods. Due to limited land availability, most new residential development in Laguna Woods will involve redeveloping properties with existing uses, which tends to add to the cost of land. Further, density bonuses are available for projects that include affordable housing in Laguna Woods. Developers of affordable housing may also be granted regulatory concessions or development incentives. Density bonuses, together with the incentives and/or concessions, result in a lower average cost of land per dwelling unit thereby making the provision of affordable housing more feasible.
1.4.1.5 City Actions
This Housing Element includes AFFH as one of four priority issues. In addition to the goal, policy objectives, and programs included under the AFFH priority issue, other programs included under other priority issues relate to AFFH. Table AF correlates each AFFH-related program with a fair housing issue using the categories of examples of AFFH actions provided in HCD’s AFFH guidance memorandum dated April 2021. Table AG identifies the contributing factor(s) resulting in each program’s inclusion, as well as a priority assigned based on the extent to which factors limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights.
Table AF: Alignment of AFFH Programs with HCD Guidance
Housing Element Program Type of AFFH Action / Fair Housing Issue Program H-1.2.3. Conduct a market study and then amend the existing inclusionary housing ordinance to modify the minimum percentages of new housing units that must be deed-restricted for extremely low, very low, and low-income households, as feasible and advantageous to promote the development of affordable housing.
Promoting Housing Supply, Choices, and
Affordability
Program H-2.1.2. Investigate potential incentives for property owners to extend and/or expand existing affordability covenants beyond the planned expiration date and/or current number of housing units, with an emphasis on incentivizing (i) affordability covenants for extremely low and very low income housing units, and (ii) affordability covenants that apply to housing units in a range of sizes. If feasible and economical, adopt such incentives.
Protect Existing Residents from Displacement
Program H-2.2.2. Adopt an ordinance waiving or reducing City building permit fees for improvements to the home of a person at least 60 years of age with a qualifying disability that are made to accommodate that disability, as provided for by California Health and Safety Code Section 17951.7. Consider including provisions Promoting Housing Supply, Choices, and
Affordability
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 41
Table AF: Alignment of AFFH Programs with HCD Guidance
Housing Element Program Type of AFFH Action / Fair Housing Issue allowing for similar building permit fee waivers or reductions for improvements to the home of a person with a qualifying disability that are made to accommodate that disability, regardless of age.
Prepare and maintain a flyer with related information. Conduct annual outreach to nonprofit organizations known to provide medical or social services to residents with disabilities. Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their comparatively lower economic domain scores from the TCAC/HCD Opportunity Map.
Program H-2.2.3. Provide opportunities for reimbursements, grants, or other forms of financial assistance to support home improvements that increase accessibility or functionality for persons with special needs. Conduct annual outreach to nonprofit organizations known to provide medical or social services to residents with special needs. Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their comparatively lower economic domain scores from the TCAC/HCD Opportunity Map.
Promoting Housing Supply, Choices, and
Affordability
Program H-2.3.1. Formalize a proactive code enforcement program that focuses on housing-related rehabilitation needs, results in repairs, and seeks to mitigate potential cost, displacement, and relocation impacts on residents.
Place-based Strategies to Encourage Community
Conservation and Revitalization
Program H-3.1.1. Improve pedestrian accessibility on sidewalks, curb ramps, crosswalks, and other public property connecting housing with transit stops, public buildings, businesses, and educational institutions. Prioritize improvements based on factors including: ● The California Office of Environmental Health Hazard Assessment’s California Communities Environmental Health Screening Tool (“CalEnviroScreen”) scores for individual census tracts, with an emphasis on undertaking improvements in and around Census Tract 626.47 due to its comparatively higher CalEnviroScreen score, as feasible and economical; and ● Education domain scores from the California Tax Credit Allocation Committee (“TCAC”)/HCD Opportunity Map, with an emphasis on undertaking improvements in and around Census Tract 626.22 due to its comparatively lower scores, as feasible and economical.
Housing Mobility
Program H-3.1.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mobility counseling services. If feasible and economical, implement such services.
Housing Mobility
Program H-3.1.3. Adopt an ordinance waiving or reducing City building permit fees, or providing other incentives, for housing projects that prepare and implement an affirmative marketing plan designed to attract renters or buyers of diverse demographics, including persons of any race, color, religion, sex, handicap, familial status, or national origin. Prioritize incentives based on factors including racial concentrations from U.S. Census Bureau data products, with an emphasis on avoiding the creation of
geographically discernable patterns of segregation or racially concentrated areas of poverty.
Housing Mobility
Program H-3.2.1. Prepare and maintain a webpage with
information on housing mediation, foreclosure assistance, and Protect Existing Residents from Displacement
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 42
Table AF: Alignment of AFFH Programs with HCD Guidance
Housing Element Program Type of AFFH Action / Fair Housing Issue multilingual tenant legal counseling services. Train City staff to make referrals using the webpage.
Program H-3.2.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mediation, foreclosure assistance, tenant legal counseling services, and vocational counseling services. If feasible and economical, implement such services.
Protect Existing Residents from Displacement
Program H-3.2.3. Investigate potential hazard mitigation measures that would reduce or eliminate the long-term risk of residential displacement as a result of future disasters. If feasible and economical, implement such hazard mitigation measures. Prioritize improvements based on factors including economic domain scores from the TCAC/HCD Opportunity Map for individual census tracts, with an emphasis on undertaking improvements in and around census tracts 626.22 and 626.48 due to their comparatively lower scores, as feasible and economical.
Protect Existing Residents from Displacement
Program H-3.2.4. Investigate potential incentives for property owners of apartment and cooperative housing units for which tenants pay usage-based energy costs to make energy efficiency improvements that exceed the minimum requirements set forth in the California Building Energy Efficiency Standards. If feasible and economical, implement such incentives. Prioritize incentives for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the highest renter vulnerability indices, as feasible and economical.
Protect Existing Residents from Displacement
Program H-3.2.5. Investigate opportunities to provide rental relief for residents at risk for homelessness. If feasible and economical, implement such opportunities. Prioritize rental relief for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the highest renter vulnerability indices, as feasible and economical.
Protect Existing Residents from Displacement
Table AG: Contributing Factors for AFFH Programs Matrix Housing Element Program Contributing Factor(s) Priority Program H-1.2.3. Conduct a market study and then amend
the existing inclusionary housing ordinance to modify the minimum percentages of new housing units that must be
deed-restricted for extremely low, very low, and low-income households, as feasible and advantageous to promote the development of affordable housing.
Need for affordable housing
options based on housing needs
allocation and housing needs
assessment
High
Program H-2.1.2. Investigate potential incentives for
property owners to extend and/or expand existing
affordability covenants beyond the planned expiration date and/or current number of housing units, with an emphasis on incentivizing (i) affordability covenants for extremely low and very low income housing units, and (ii) affordability covenants that apply to housing units in a range of sizes. If feasible and economical, adopt such incentives.
Displacement risk for existing
lower-income residents due to
economic pressures/motivators
on property owners/managers
(see also Section 1.3.7.3)
High
Program H-2.2.2. Adopt an ordinance waiving or reducing City building permit fees for improvements to the home of a Access to opportunities for
persons with disabilities due to
Medium
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 43
Table AG: Contributing Factors for AFFH Programs Matrix Housing Element Program Contributing Factor(s) Priority person at least 60 years of age with a qualifying disability that are made to accommodate that disability, as provided for by California Health and Safety Code Section 17951.7.
Consider including provisions allowing for similar building permit fee waivers or reductions for improvements to the home of a person with a qualifying disability that are made to accommodate that disability, regardless of age. Prepare and maintain a flyer with related information. Conduct
annual outreach to nonprofit organizations known to
provide medical or social services to residents with
disabilities. Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their
comparatively lower economic domain scores from the
TCAC/HCD Opportunity Map.
underimproved housing stock
potentially resultant of financial
or physical challenges
Program H-2.2.3. Provide opportunities for reimbursements, grants, or other forms of financial assistance to support home improvements that increase accessibility or
functionality for persons with special needs. Conduct annual outreach to nonprofit organizations known to provide
medical or social services to residents with special needs.
Conduct biennial outreach to residents residing in census tracts 626.22 and 626.48 due to their comparatively lower economic domain scores from the TCAC/HCD Opportunity
Map.
Access to opportunities for
persons with special needs due
to underimproved housing stock
potentially resultant of financial
or physical challenges
Medium
Program H-2.3.1. Formalize a proactive code enforcement program that focuses on housing-related rehabilitation
needs, results in repairs, and seeks to mitigate potential cost, displacement, and relocation impacts on residents.
Age of housing stock; intent to
help promote the existing good
condition and upkeep of housing
stock
Medium
Program H-3.1.1. Improve pedestrian accessibility on
sidewalks, curb ramps, crosswalks, and other public property connecting housing with transit stops, public buildings, businesses, and educational institutions. Prioritize
improvements based on factors including: ● The California Office of Environmental Health Hazard Assessment’s
California Communities Environmental Health Screening Tool (“CalEnviroScreen”) scores for individual census tracts, with an emphasis on undertaking improvements in and around
Census Tract 626.47 due to its comparatively higher
CalEnviroScreen score, as feasible and economical; and ● Education domain scores from the California Tax Credit
Allocation Committee (“TCAC”)/HCD Opportunity Map, with an emphasis on undertaking improvements in and around
Census Tract 626.22 due to its comparatively lower scores, as feasible and economical.
Useful life of improvements;
evolving needs based on the
nature of connecting uses and
pedestrian behavior
Medium
Program H-3.1.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mobility counseling
services. If feasible and economical, implement such
services.
Existing age and income
restrictions; changing financial
circumstances due to age,
employment status, and
economic pressures
Medium
Program H-3.1.3. Adopt an ordinance waiving or reducing City building permit fees, or providing other incentives, for housing projects that prepare and implement an affirmative Need for affordable housing
options based on housing needs
allocation and housing needs
High
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 44
Table AG: Contributing Factors for AFFH Programs Matrix Housing Element Program Contributing Factor(s) Priority marketing plan designed to attract renters or buyers of diverse demographics, including persons of any race, color, religion, sex, handicap, familial status, or national origin.
Prioritize incentives based on factors including racial concentrations from U.S. Census Bureau data products, with an emphasis on avoiding the creation of geographically
discernable patterns of segregation or racially concentrated areas of poverty.
assessment; existing age and
income restrictions
Program H-3.2.1. Prepare and maintain a webpage with
information on housing mediation, foreclosure assistance, tenant legal counseling services, and vocational counseling services. Train City staff to make referrals using the
webpage.
Displacement risk for existing
lower-income residents due to
economic pressures/motivators
on property owners/managers
(see also Section 1.3.7.3);
changing financial circumstances
due to age, employment status,
and economic pressures
Medium
Program H-3.2.2. Pursue partnerships and seek funding to provide Laguna Woods-based housing mediation,
foreclosure assistance, and multilingual tenant legal
counseling services. If feasible and economical, implement such services.
Displacement risk for existing
lower-income residents due to
economic pressures/motivators
on property owners/managers
(see also Section 1.3.7.3);
changing financial circumstances
due to age, employment status,
and economic pressures
Medium
Program H-3.2.3. Investigate potential hazard mitigation measures that would reduce or eliminate the long-term risk of residential displacement as a result of future disasters. If feasible and economical, implement such hazard mitigation measures. Prioritize improvements based on factors
including economic domain scores from the TCAC/HCD
Opportunity Map for individual census tracts, with an
emphasis on undertaking improvements in and around
census tracts 626.22 and 626.48 due to their comparatively lower scores, as feasible and economical.
Displacement risk for existing
residents due to disaster-related
damage (see also Section
1.3.7.3); age of housing stock
High
Program H-3.2.4. Investigate potential incentives for
property owners of apartment and cooperative housing
units for which tenants pay usage-based energy costs to make energy efficiency improvements that exceed the
minimum requirements set forth in the California Building Energy Efficiency Standards. If feasible and economical, implement such incentives. Prioritize incentives for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the highest renter vulnerability indices, as feasible and economical.
Displacement risk for existing
lower-income residents due to
economic pressures;
underimproved housing stock
potentially resultant of financial
challenges and nature of
property ownership-related
limitations; age of housing stock
Medium
Program H-3.2.5. Investigate opportunities to provide rental relief for residents at risk for homelessness. If feasible and economical, implement such opportunities. Prioritize rental relief for residents residing in census tracts 626.46 and 626.47 due to those areas being identified in this Housing Element as susceptible to displacement and having the
Displacement risk for existing
lower-income residents due to
economic pressures/motivators
on property owners/managers
(see also Section 1.3.7.3);
changing financial circumstances
High
PROPOSED
AUGUST 2023 H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA
Exhibit A - 45
Table AG: Contributing Factors for AFFH Programs Matrix Housing Element Program Contributing Factor(s) Priority highest renter vulnerability indices, as feasible and
economical.
due to age, employment status,
and economic pressures
1.5 REGIONAL HOUSING NEEDS
State law requires all regional councils of governments to determine the existing and projected housing need for its region and determine the portion allocated to each jurisdiction. This is known as the RHNA process. State Housing Element law requires that each city and county develop local housing programs to meet its “fair share” of existing and future housing needs for all income groups, as determined by the jurisdiction’s Council of Governments. This fair-share allocation concept seeks to ensure that each jurisdiction accepts responsibility for the housing needs not only of its resident population but also for the jurisdiction’s projected share of regional housing growth across all income categories. Regional growth needs are defined as the number of units that would have to be added in each jurisdiction to accommodate the forecasted number of households, as well as the number of units that would have to be added to compensate for anticipated demolitions and changes to achieve an “ideal” vacancy rate.
In the six-county Southern California region, which includes Laguna Woods, the agency responsible for assigning these regional housing needs to each jurisdiction is SCAG. The regional growth allocation process begins with the California Department of Finance’s projection of statewide housing demand for a 5-year planning period, which is then apportioned by HCD among each of the State’s official regions. SCAG has determined the projected housing need for its region for the 2021 to 2029 Housing Element cycle and has allocated this housing need to each jurisdiction by income category through the RHNA process. The RHNA represents the minimum number of housing units each community is required to provide “adequate sites” for through zoning, and is one of the primary threshold criteria necessary to achieve HCD certification of the Housing Element.
In allocating the region’s future housing needs to jurisdictions, SCAG is required to take the following factors into consideration:
• Market demand for housing
• Employment opportunities
• Availability of suitable sites and public facilities
• Commuting patterns
• Type and tenure of housing
• Loss of units in assisted housing developments
• Overconcentration of lower-income households
• Geological and topographical constraints
As defined by the RHNA process, Laguna Woods’ new construction need for the 2021 to 2029 planning period has been established at 997 new units, distributed among the four income categories as shown in Table AH. Of the 127 Very Low Income units included in the City’s RHNA, approximately 50 percent (or 63 units) should be made available to Extremely Low Income households. The City will continue to
PROPOSED
H OUSING NEEDS ASSESSMENT
L AGUNA WOODS , C ALIFORNIA AUGUST 2023
Exhibit A - 46
provide sites for a mix of single-family, multifamily, and mixed-use housing, supported by a variety of programs to enhance affordability, to accommodate its RHNA and contribute toward addressing the growing demand for housing in the Southern California region.
Table AH: Regional Housing Needs Assessment, 2021–2029
Income Level Number of Units Percent of Total RHNA
Very Low* (<50% of AMI) 127 12.7%
Low (50-80% of AMI) 136 13.6%
Moderate (80-120% of AMI) 192 19.3%
Above Moderate (>120% of AMI) 542 54.4%
Total 997 100%
* Based on current household income data presented in Table G, the City estimates that 63 (or approximately 50 percent) of the 127 units included in its Very Low Income allocation should be made available to Extremely Low Income households.
AMI = Annual Median Income
PROPOSED
August 2023
EXHIBIT B
CONSTRAINTS ANALYSIS
CITY OF LAGUNA WOODS
PROPOSED
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PROPOSED
August 2023
CONSTRAINTS ANALYSIS
CITY OF LAGUNA WOODS
Submitted to:
City of Laguna Woods
24264 El Toro Road
Laguna Woods, California 92637
Prepared by:
LSA
3210 El Camino Real, Suite 100
Irvine, California 92602
(949) 553-0666
PROPOSED
Project No. LWD2101
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PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - i
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i FIGURES AND TABLES ............................................................................................................................. ii LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii
1.0 HOUSING CONSTRAINTS ...................................................................................... 1
2.0 GOVERNMENTAL CONSTRAINTS .......................................................................... 3
2.1 Land Use Controls ................................................................................................................ 3
2.2 Residential Development Standards.................................................................................... 7
2.2.1 Affordable Housing Density Bonus........................................................................................ 8
2.2.2 Small-Lot Development ......................................................................................................... 9
2.2.3 Special-Purpose Zoning Districts ........................................................................................... 9
2.3 Provision for a Variety of Housing Types ............................................................................. 9
2.3.1 Single-Family Housing............................................................................................................ 9
2.3.2 Multifamily Housing .............................................................................................................. 9
2.3.3 Live/Work Units...................................................................................................................10
2.3.4 Senior Housing.....................................................................................................................10
2.3.5 Manufactured Housing and Mobile Homes ........................................................................11
2.3.6 Accessory Dwelling Units.....................................................................................................11
2.3.7 Residential Care Facilities....................................................................................................12
2.3.8 Single Room Occupancy ......................................................................................................13
2.3.9 Emergency Shelters and Low Barrier Navigation Centers...................................................13
2.3.10 Transitional Housing and Supportive Housing.....................................................................16
2.3.11 Employee Housing ...............................................................................................................17
2.4 Housing for Persons with Disabilities................................................................................. 17
2.4.1 Zoning and Land Use ...........................................................................................................18
2.4.2 Building Codes.....................................................................................................................20
2.4.3 Conclusion ...........................................................................................................................21
2.5 Site Improvements............................................................................................................. 21
2.6 Planning/Zoning and Development Impact Fees............................................................... 22
2.7 Local Processing and Permit Procedures........................................................................... 26
2.7.1 Site Development Permit ....................................................................................................27
2.7.2 Conditional Use Permit........................................................................................................28
2.8 Building Codes.................................................................................................................... 29
2.9 Federal and State Regulations ........................................................................................... 30
2.9.1 State Prevailing Wage Requirements..................................................................................30
2.9.2 Environmental Protection ...................................................................................................31
2.9.3 State Transparency Requirements ......................................................................................31
3.0 MARKET CONSTRAINTS ..................................................................................... 33
3.1 Availability of Financing ..................................................................................................... 33
3.2 Foreclosures ....................................................................................................................... 33
3.3 Development Costs............................................................................................................ 34
3.3.1 Land Availability and Cost....................................................................................................34
3.3.2 Cost of Construction............................................................................................................34
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - ii
4.0 INFRASTRUCTURE CONSTRAINTS ....................................................................... 37
4.1 Water..................................................................................................................................37
4.2 Wastewater ........................................................................................................................37
4.3 Transportation Infrastructure.............................................................................................38
5.0 ENVIRONMENTAL CONSTRAINTS ....................................................................... 41
5.1 Flooding ..............................................................................................................................41
5.2 Seismic and Geologic Hazards............................................................................................41
5.3 Wildfires ..............................................................................................................................42
5.4 Noise ...................................................................................................................................42 FIGURE
Figure 1: Zoning Map ..............................................................................................................................5 TABLES
Table A: Residential Land Use Designations...........................................................................................3 Table B: Residential Development Standards.........................................................................................7 Table C: Residential Parking Requirements............................................................................................8 Table D: Housing Types Per Zoning Code .............................................................................................10 Table E: Development Standards for the Community Facilities Zoning Districts ................................. 14 Table F: Current Residential Planning/Zoning Fees..............................................................................23 Table G: Comparison of Residential Planning/Zoning Fees..................................................................23 Table H: Prototypical Multi-Family Residential Project Planning/Zoning and Development Impact Fees..................................................................................................................................25 Table I: Prototypical Single-Family Home Project Planning/Zoning and Development Impact Fees ..............................................................................................................................................25 Table J: Typical Permit Processing Timelines........................................................................................27 Table K: Disposition of Home Purchase and Improvement Loan Applications (2019) .........................33 Table L: San Joaquin Hills Transportation Corridor Development Impact Fees (2022)
PROPOSED
........................39
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - iii
LIST OF ABBREVIATIONS AND ACRONYMS
AB Assembly Bill
ADA Americans with Disabilities Act
ADU accessory dwelling unit
CAL FIRE California Department of Forestry and Fire Protection CBC California Building Code
CC Community Commercial
CEQA California Environmental Quality Act
CF-P Community Facilities—Private
CF-PI Community Facilities—Public/Institutional
CIP Capital Improvement Program
City City of Laguna Woods
CUP Conditional Use Permit
ETWD El Toro Water District
FAR floor area ratio
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Maps
ft foot/feet
HCD Housing and Community Development Department of the State of California HMDA Home Mortgage Disclosure Act
I-5 Interstate 5
Lanterman Act Lanterman Developmental Disabilities Services Act MWD Metropolitan Water District
OCFA Orange County Fire Authority
OCTA Orange County Transportation Authority
RC Residential Community
RT Residential Towers
SB Senate Bill
SDP Site Development Permit
sf square foot/feet
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - iv
SJHTCA San Joaquin Hills Transportation Corridor Agency SRO Single Room Occupancy
UWMP Urban Water Management Plan
WRP Water Recycling Plant
WTP Wastewater Treatment Plant
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 1
1.0 HOUSING CONSTRAINTS
The City of Laguna Woods’ (City) Housing Element seeks to ensure the provision of adequate housing to meet the existing and projected needs of all economic segments of the community.
Many factors, including market mechanisms, government regulations and policies, and infrastructure and environmental constraints, can constrain the development, maintenance, and improvement of housing. This Constraints Analysis addresses the potential and actual governmental constraints upon the development, maintenance, or improvement of housing that may affect the supply and cost of housing in Laguna Woods, as required by Government Code Section 65583(a).1
1 California Department of Housing and Community Development. 2021. Codes and Enforcement of Onsite/ Offsite Improvement Standards. Website: https://www.hcd.ca.gov/community-development/buildingblocks/constraints/codes-and-enforcement-on-offsite-improvement-standards.shtml (accessed June 11, 2021).
PROPOSED
CONSTRAINTS A NALYSIS
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2.0 GOVERNMENTAL CONSTRAINTS
Actions or policies of governmental agencies, whether involved directly or indirectly in the housing market, can impact the ability of the development community to provide adequate housing to meet consumer demands. For example, the impact of federal monetary policies and the budgeting and funding policies of governmental agencies can either stimulate or depress various aspects of the housing industry. State and local government compliance, and the enactment of sanctions for noncompliance, with federal laws may also have an impact on the housing industry.
State and local government compliance with State laws can complicate the development of housing.
Statutes such as the California Environmental Quality Act (CEQA) and rezoning and General Plan amendment procedures required by the Government Code can prolong the review and approval of development proposals by local governments. In many instances, compliance with such mandates includes time constraints that cannot be altered by local governments.
City policies can also impact the price and availability of housing. Land use controls, site improvement requirements, building codes, fees, and other local programs to improve the overall quality of housing may serve as constraints to housing development.
2.1 LAND USE CONTROLS
The City’s General Plan and Zoning Code provide for a range of residential land use designations and zoning districts. The City’s Zoning Map is included as Figure 1. Land use designations that allow for residential development are presented in Table A.
Table A: Residential Land Use Designations
General Plan Land Use Designation Max. Density Description Low Density Residential <10 du/ac Includes all dwelling units equipped for independent living (i.e., kitchen, bathroom, and
sleeping quarters). Facilities intended for transient
living, such as hotels and motels and hospitals and
skilled nursing units, are not typically included.
Medium Density Residential 10–12 du/ac
High Density Residential 13–35 du/ac
Residential Community
<10 du/ac
or
10-12 du/ac
depending on
location
Encompasses nearly all of the Laguna Woods
Village planned residential community with the
exception of Rossmoor Towers. Integrates a mix of
single-family detached, single-family attached, two
family, and multi-family residential, with supporting
country clubs, parks, community services, localserving noncommercial services, and open spaces.
Common areas are managed by private nonprofit
community associations.
Source: Land Use Element (City of Laguna Woods 2017).
du/ac= dwelling unit(s) per acre
max. = maximum
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PROPOSED
SOURCE: City of Laguna Woods
MILES
0 .25 .5
FIGURE 1
I:\LWD2101\G\Zoning_Map.ai (6/10/2021)
Laguna Woods Constraints Analysis
Zoning Map
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2.2 RESIDENTIAL DEVELOPMENT STANDARDS
The City’s Zoning Code contains development standards for each zoning district consistent with the land use designations of the General Plan. The Zoning Code establishes development standards for each zoning district to ensure quality development and reduce the potential for land use conflicts.
Residential development standards are summarized in Table B.
Table B: Residential Development Standards
Development Standard Residential Multifamily
(RMF)
Residential Community
(RC)
Residential Towers
(RT)
Maximum Building Height (ft) 65 40 None
Minimum Building Site Area (sf) 7,200 None None
Minimum Area per Unit (sf) 1,0001 None2 None2
Minimum Setback (ft)
Front Yard 20 None3 None
Side Yard from ROW 5 None3 None
Rear Yard from ROW 25 None3 None
Side Yard not abutting ROW 5 None3 None
Rear Yard not abutting ROW 254 None3 None
Distance between Principal Structures
(ft) 10 None3 None
Maximum Building Site Coverage 50% 50%5 None2
Source: Zoning Ordinance (City of Laguna Woods 2020).
1 The minimum per dwelling unit is based on the net land area. 2 There shall be no minimum lot size. The total number of residential units permitted within the planning unit shall not be exceeded, as was shown on the statistical analysis for the original planned community, as amended. The dwelling densities as categorized in the City’s General Plan as low-density, medium-density, and high-density shall not be exceeded. The limitations contained within the General Plan shall take precedence over any discrepancies that may exist as compared to the statistical analysis for the planning units. 3 Required yards and distances between building structures are waived. 4 In computing the depth of a rear setback from any building where such setback opens on an alley, private street, or public park, onehalf of the width of such alley, street, or park may be deemed to be a portion of the rear setback, except that under this provision, no rear setback shall be less than 15 ft. 5 The building site coverage shall not exceed 50 percent of the land area contained within each recorded tract, exclusive of dedicated ROW. Swimming pool coverage shall not be considered as building site coverage.
City = City of Laguna Woods
ft = foot/ feet
ROW = right-of-way
sf = square foot/feet
The cumulative effect of the City’s residential development standards does not constrain the expansion of housing opportunities. Density standards are consistent with the densities established for General Plan land use categories. The setback requirements provide minimal light and air for development, are typical in the region, and do not unreasonably constrain housing opportunities.
All residential uses are currently required to provide the number of parking spaces as outlined in Table C. Developers of affordable and senior housing who are eligible for a density bonus pursuant to Government Code Sections 65919 through 65918 are eligible to use parking standards established by State law. Density bonus provisions are discussed in more detail later in this section.
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Table C: Residential Parking Requirements
Use Parking Requirement
Attached or detached single-family
dwellings 2 covered parking spaces for each dwelling unit.
Two or more dwelling units on one
building site.
Studio to 1-bedroom: 1.5 parking spaces for each dwelling unit 2-bedroom: 2 parking spaces for each dwelling unit
3-bedroom and up: 2.5 parking spaces for each dwelling unit plus 0.5 parking space for each bedroom in excess.
Multifamily dwelling units (five or
more dwelling units)
Each dwelling unit shall be assigned at least one standard-size parking space. Additional unassigned parking spaces shall be provided using the following formula, which is based on the size of each unit:
o <700 sf: 0
o 701–800 sf: +0.17
o 801–900 sf: +0.34
o 901–1,000 sf: +0.50
o 1,001–1,100 sf: +0.67
o 1,101–1,200 sf: +0.84
o 1,201–1,300 sf: +1.0
o 1,301–1,400 sf: +1.18
o 1,401–1,500 sf: +1.34
o >1,500 sf: +1.5
1 guest parking space per every 4 dwelling units, rounded up to the next nearest whole number, shall be provided.
Source: Zoning Code (City of Laguna Woods 2020).
sf = square foot/feet
The City monitors its development standards and their impact on development. Periodically, the City will amend the Zoning Code to ensure that development standards respond to market trends. The City has adopted other provisions in the Zoning Code that facilitate a range of residential development types and encourage affordable housing, as discussed below.
2.2.1 Affordable Housing Density Bonus
Section 13.26.040 of the City’s Zoning Code provides the details of the residential density bonus provision, which is intended to provide incentives for the production of housing for very lowincome, lower-income, or senior households in accordance with California Government Code Sections 65915 and 65917. On September 16, 2020, the City amended its Density Bonus Ordinance to ensure compliance with the current State law in effect at that time. Assembly Bill (AB) 1763 made a number of changes to density bonus requirements for affordable projects. The bill requires a density bonus to be granted for projects that include 100 percent lower-income units, but allows up to 20 percent of total units in a project that qualifies for a density bonus to be for moderate-income households. Under the revised law, density bonus projects must be allowed four incentives or concessions, and for developments within 0.5 mile of a major transit stop, a height increase of up to three additional stories or 33 feet (ft). A density bonus of 80 percent is required for most projects, with no limitations on density placed on projects within 0.5 mile of a major transit stop. The bill also allows developers to request the elimination of minimum parking requirements for rental units affordable to lower-income families that are either supportive housing or special-needs housing, as defined. AB 2345, which was signed in September 2020, further incentivizes the production of
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affordable housing. The City Council adopted updated residential density bonus standards regulations in December 2021.
In 2008, the San Sebastian senior apartments were completed with 17 units affordable to lowincome residents. The development utilized a density bonus, and, as a result, the affordable units are subject to deed restrictions, which will ensure continued affordability through October 16, 2054.
2.2.2 Small-Lot Development
The City has not established any zoning districts that are intended to specifically facilitate small-lot residential development; however, the City’s Zoning Code does not require minimum lot sizes in the Residential Community (RC) and Residential Tower (RT) zoning districts.
2.2.3 Special-Purpose Zoning Districts
Special-purpose zoning districts permit design and development standards to be established that are tailor-made for planned project areas with unique attributes. The City’s Zoning Code includes the RC zoning district, which provides for the development and preservation of planned unit developments with a mixture of single-family attached and detached homes and multifamily homes.
Neighborhoods in the RC district are characterized by controlled physical access and specialized recreation facilities. Setbacks and other development standards are to be tailored specifically to each project by means of a precise development plan that is approved with the project.
2.3 PROVISION FOR A VARIETY OF HOUSING TYPES
State Housing Element law specifies that local governments must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of various types of housing for all economic segments of the population, including multifamily residential housing, factory-built housing, emergency shelters, transitional housing, and supportive housing. Table D summarizes the housing types permitted in each of the City’s zoning districts.
2.3.1 Single-Family Housing
Single-family housing is permitted by right in the Residential Multifamily (RMF) and RC districts. As outlined in the City’s Zoning Code, standard development in the RC district shall be predominantly of multiunit, multistoried structures and single-family, one-story structures in an arrangement of attached or detached dwellings and their accessory structures.
2.3.2 Multifamily Housing
Multifamily housing is permitted by right in the RMF, RC, and RT districts. The RMF zoning district is intended to provide for the development and preservation of high-density multifamily residential neighborhoods with a moderate amount of open space. Care is taken to ensure that uses approved in the RMF zoning district are compatible with surrounding residential neighborhoods. RMF-zoned properties are located in three areas of Laguna Woods off major roadways. The RC district was created to provide for the development and preservation of planned unit developments with a mixture of single-family attached and detached homes, as well as multifamily homes.
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Table D: Housing Types Per Zoning Code
Land Use Types
Zoning District
Residential
Multifamily (RMF)
Residential
Community (RC)
Residential Towers
(RT)
Accessory Building/Use A A A
Accessory Dwelling Unit P P P
Condominiums/Stock Cooperatives U U U
Community Apartment Projects U U U
Community Care Facilities (<6 persons) P P P
Congregate Care Facility U U U
Duplex P U X
Dwelling, Multiple-Family P P P
Dwelling, Single-Family P P X
Emergency and Transitional Housing Shelters X X X
Guesthouse X A X
Junior Accessory Dwelling Unit P P P
Mobile Home P P X
Mobile Home Development U U X
Planned Unit Development U U U
Residential Tract Sales & Rentals T/SE T/SE T/SE
Supportive Housing P P P
Transitional Housing P P P
Source: Zoning Code (City of Laguna Woods 2020).
A = Permitted only as an accessory to a Principal Use
P = Permitted as a Principal Use
T/SE = Permitted with an approved Temporary Use/Special Event permit U = Permitted with an approved use permit
X = Prohibited
RC-zoned properties encompass most of the land within Laguna Woods, reflecting its planned community heritage. The RT district was established to provide for the development and preservation of high-rise multifamily structures. RT-zoned properties exist in one small area in the western portion of Laguna Woods. Additional development standards are applicable to multifamily housing with more than five dwelling units on site, including standards related to circulation, lighting, waste disposal, and infrastructure.
2.3.3 Live/Work Units
The City’s Zoning Code does not currently include any zoning districts that allow for live/work units.
2.3.4 Senior Housing
Section 13.06.010 of the City’s Zoning Code defines senior citizen housing as “a residential development consisting of at least 35 dwelling units which is developed for, or substantially rehabilitated or renovated for, senior citizens.” Additionally, California Civil Code Section 51.3 defines “senior citizen” as a person 62 years of age or older, or 55 years of age or older, in a senior citizen housing development, and “senior citizen development” as a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units.
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Section 13.26.030 of the City’s Zoning Code, which provides details about housing incentive use permits for affordable or senior citizen housing, states that in any zoning district that permits residential uses, a housing incentive use permit application to permit more dwelling units than allowed by zoning, and/or establish special site development standards, may be approved for the purposes of facilitating affordable and/or senior citizen housing developments.
2.3.5 Manufactured Housing and Mobile Homes
Manufactured housing and mobile homes offer an affordable housing option for many low- and moderate-income households. Manufactured housing is permitted by right in all zoning districts that permit single-family dwelling units, as required by State law. Mobile homes are permitted in the RMF and RC districts, and mobile home parks are permitted in those same zoning districts with an approved use permit. Mobile home developments are subject to additional development standards not related to the use; instead, the standards relate to landscape screening and design. According to California Department of Finance estimates, there were no mobile homes in Laguna Woods as of January 2020.2
According to the National Manufactured Home Construction and Safety Act of 1974, a manufactured home built and certified after June 15, 1976, and constructed on a permanent foundation may be located in any residential zoning district where a conventional single-family detached dwelling is permitted subject to the same restrictions on density and to the same property development regulations. Manufactured homes are currently allowed in all residential zoning districts, subject to foundational regulations found in Government Code Section 65852.3. Manufactured housing is treated the same as single-family dwellings and is subject to the same property development standards and permitting process. The City’s Zoning Code requires manufactured housing to be architecturally compatible (roofing overhangs, roofing materials, exterior siding, stucco, etc.) with single-family dwellings.
2.3.6 Accessory Dwelling Units
Per Government Code Section 65852.2, an “accessory dwelling unit” (ADU) is defined as “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.” ADUs may be an alternative source of affordable housing for lower-income households and seniors.
The City has updated its Zoning Code to permit ADUs by right if they are contained within the space of a proposed or existing single-family dwelling or accessory structure, or existing multifamily dwelling. This update to the City’s Zoning Code was made to comply with State requirements, with Government Code Section 65852.2 used as a baseline for the amendments. 2 California Department of Finance. 2020. E-5 Population and Housing Unit Estimates. Website:
https://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/ (accessed June 11, 2021).
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Recent State legislation, including AB 68, AB 587, AB 881, and Senate Bill (SB) 13, addresses standards and regulations for ADUs. The bills modified the fees, application process, and development standards for ADUs, with the goal of lowering barriers to ADU development and increasing overall numbers of ADUs. Key provisions include the following:
• Prohibiting standards related to lot coverage standards, lot size, floor area ratio (FAR), or open space that have the effect of limiting ADU development
• Allowing ADUs within or attached to attached garages, storage areas, or accessory structures • Removing requirements to replace parking when a garage or carport is demolished to develop an ADU
• Prohibiting maximum sizes for ADUs that are less than 850 square feet (sf) (1,000 sf for units with two or more bedrooms)
The City last updated its Zoning Code with regard to ADUs in 2020 to address the requirements of AB 68, AB 587, AB 881, and SB 13.
2.3.7 Residential Care Facilities
The Lanterman Developmental Disabilities Services Act (Lanterman Act) is a State law that sets out the rights of persons with developmental disabilities. The Lanterman Act impacts local zoning ordinances by requiring the use of property for the care of six or fewer disabled persons to be classified as a residential use, permitted by right, under zoning provisions. More specifically, a stateauthorized, certified, or licensed family care home, foster home, or a group home serving six or fewer disabled persons or dependent and neglected children on a 24-hour-a-day basis is considered a residential use that is to be permitted in all residential zoning districts. No local government can impose stricter zoning or building and safety standards on these homes. Due to the unique characteristics of larger (more than six persons) residential care facilities, most local governments require a discretionary use permit to ensure neighborhood compatibility in the siting of these facilities.
The City’s Zoning Code accommodates both large and small residential care facilities. The City facilitates and encourages the development of residential care facilities by treating licensed facilities that serve six or fewer persons as standard residential uses, consistent with State law. As such, community care facilities are permitted by right in all residential zoning districts. Additionally, community care facilities serving seven to 12 persons, except for large family day care homes, are permitted in any district, planned community, or specific plan area zoned for residential use, subject to the issuance of a use permit. The use permit is intended to ensure that the development is consistent with applicable zoning. In a supportive housing development, housing can be coupled with social services such as job training, alcohol and drug abuse programs, and case management for populations in need of assistance, such as the homeless, those suffering from mental illness or substance abuse problems, and the elderly or medically frail. Because supportive housing is a residential use, it would be treated as such in the development process whether the supportive housing development consisted of single-family detached units or apartment buildings. Similar to
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other multifamily developments, the required use permit process is intended to establish appropriate and unique development standards for residential development in the RC and RT zoning districts, as the zoning regulations contain few standards. This allows for greater specificity in development standards.
Review of the California State Community Care Licensing Division inventory of community care facilities identifies two residential care facilities in Laguna Woods. These facilities are for individuals who require 24-hour supervision but who do not generally need medical care beyond routine health checks and medication monitoring. Las Palmas is a licensed residential care community with 184 rental units, and the Regency is a licensed residential care community that consists of 192 rental units and offers both independent and assisted living on a month-to-month basis. The Regency is the only residential community that, under unique circumstances, will accommodate individuals younger than 55 within its assisted living facility.
2.3.8 Single Room Occupancy
Single Room Occupancy (SRO) facilities are small, one-room units occupied by a single individual and may either have shared or private kitchen and bathroom facilities. SROs are rented on a monthly basis typically without rental deposit and can provide an entry point into the housing market for extremely low-income individuals, formerly homeless persons, and disabled persons.
The City has adopted provisions in its Zoning Code (Section 13.26.170) to accommodate and regulate the establishment of SRO uses. These provisions include the following requirements:
• In the absence of findings as set forth in alternatives to off-street parking requirements, provision of one-half parking space for each guest unit, plus one space for each employee • Submittal of a management plan outlining management policies, operations, emergency procedures, a security program, rental procedures, maintenance plans, and staffing as part of the use permit application
• Provision of an on-site manager on a 24-hour basis
• Provision of a single manager’s unit, which shall be designed as a complete residential unit and be a minimum of 225 sf in size.
SRO uses are permitted in any zoning district or specific plan area zoned for hotels, subject to the approval of a use permit. Furthermore, the City’s Zoning Code states that SROs will be treated as nonresidential uses.
2.3.9 Emergency Shelters and Low Barrier Navigation Centers An emergency shelter is a facility that provides shelter to homeless families and/or homeless individuals on a limited short-term basis. According to the 2019 Point-in-Time Count for Orange
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County,3 there were five unsheltered people living in homelessness in Laguna Woods. State law requires emergency shelters to be permitted by right in at least one zoning district where adequate capacity is available to accommodate at least one year-round shelter. The City’s Zoning Code was amended in 2011 to include regulations pursuant to State law for emergency and transitional housing.
The City’s Zoning Code Section 13.23.010 was also amended in 2018 to permit emergency shelters in the Community Facilities – Public/Institutional (CF-P/I) and Community Facilities – Private (CF-P) zoning districts as a by-right use. The CF-P/I and CF-P zoning districts encompass approximately
17.805 acres of land across five sites – four places of worship with surface parking lots and interior space suitable for conversion to emergency shelters, and Orange County Fire Authority (OCFA) Fire Station No. 22. There is sufficient capacity to accommodate one year-round shelter housing five people, as required by State law. The CF-P/I and CF-P zoning districts were determined to be the most conducive to provision of emergency shelters by right since the zoning districts are allowed a uses that would facilitate the provision of government and social services to the community. The zoning district is appropriate for schools, hospitals, cultural venues, churches, temples and places of worship, which all require large facilities with capabilities to serve large amounts of people at a time.
Table E provides the development standards that apply to the CF-P and CF-P/I zoning districts.
Table E: Development Standards for the Community Facilities Zoning Districts
Development Standard CF-P CF-P/I
Maximum Building Height (ft) 40 40
Minimum Building Site Area (sq ft) — —
Minimum Building Site Width (ft) — —
Minimum Perimeter Setback (ft)
From Street ROW 20 20
From Alley 10 0
From Residential Districts 10 10
From Nonresidential Districts 0 0
Maximum FAR 0.3 0.3
Maximum Building Site Coverage None None
Parking See Code Section 13.16.300-400
Landscaping See Code Section 13.16.250
Screening See Code Section 13.16.240
Signs See Code Section 13.16.410-530
Waste Management/Hazardous Materials See Code Section 13.20.200 Source: Laguna Woods Municipal Code Section 13.13.030.
FAR = floor area ratio
ft = foot/feet
ROW = right-of-way
sq ft = square foot/feet
3 United to End Homelessness. Point-In Time Count. 2019. Website: https://www.unitedtoend homelessness.org/2019-point-in-time-count (accessed April 29, 2021).
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In addition to application of the CF-P/I and CF-P district development standards, pursuant to Government Code Section 65583, the City can also specify written, objective standards to regulate the following aspects of emergency shelters to enhance compatibility:
1. Location and Separation: Emergency shelters shall be situated more than 300 ft from another emergency shelter.
2. Physical Characteristics:
a. The maximum number of beds for emergency shelters shall be 20 unless a larger number is approved through a conditional use permit.
b. The maximum number of beds does not apply in situations of citywide or statewide designated disasters or catastrophic conditions as determined by the City Council or City Manager.
c. Emergency shelters shall have adequate private living space, shower and toilet facilities, and secure storage areas for its intended clients.
d. All on-site waiting and client intake areas shall be located in the interior of the emergency shelter and shall be of sufficient size to prevent any such activities from occurring in the exterior of the emergency shelter.
The CF-P and CF-P/I designation has been applied to areas along El Toro Road and Moulton Parkway.
The CF-P/I and CF-P zoning districts have high access to public transit services. The Orange County Transportation Authority has two local routes, Routes 90 and 89, which provide regional access along the public streets located immediately adjacent to the CF-P/I and CF-P zoning districts.
Therefore, these sites have reasonable access to public transit.
The City provides adequate and accessible sidewalks, vehicular access, and bicycle access to the CF-P/I and CF-P zoning districts.
The CF-P/I and CF-P zoning districts are surrounded by residential, open space, and/or community commercial land uses, and are therefore not located in close proximity to any uses that would create hazardous conditions or conditions inappropriate for human habitability. Current uses in the CF-P and CF-P/I zoning districts include four churches and their accompanying surrounding parking lots, and the OCFA Fire Station No. 22. These zones are conducive to building emergency shelters due to their relative sizes, their proximity to public transit and main thoroughfares, and the allowable uses on their sites.
The City’s Zoning Code requires the following conditions to be met for emergency shelters in order to ensure “adequate” private living space requirements.
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1. Operational Standards.
(1) If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate state and/or federal licensing shall be required. (2) Emergency shelters shall limit occupancy by each client to no more than 180 days in a 365-day period.
(3) Emergency shelters shall conduct all on-site waiting and client intake activities in the interior of the emergency shelter and prevent any such activities from occurring in the exterior of the emergency shelter.
(4) Emergency shelters shall provide on-site security during all hours of operation, including a minimum of one security guard licensed by the State of California for each 20 clients, unless alternate security arrangements are approved through a conditional use permit.
(5) Emergency shelters shall provide on-site management during all hours of operation, including a minimum of one supervisor per emergency shelter and a minimum of one additional attendant for each 20 clients, unless alternate on-site management arrangements are approved through a conditional use permit.
AB 139 requires that emergency shelters provide parking to accommodate all staff, “provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.” The City’s Zoning Code does not contain unique parking standards for emergency shelters.
AB 101 requires cities to allow a Low Barrier Navigation Center development by right in areas zoned for mixed uses and nonresidential zoning districts permitting multifamily uses if it meets specified requirements. A “Low Barrier Navigation Center” is defined as “a Housing First, low-barrier, serviceenriched 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 Navigation Centers may include options such as allowing pets, permitting partners to share living space, and providing storage for residents’ possessions. AB 101 also sets a timeline for jurisdictions to act on applications for Low Barrier Navigation Center developments. The requirements of this bill are effective through the end of 2026, at which point they are repealed.
2.3.10 Transitional Housing and Supportive Housing
Health and Safety Code Section 50675.2 defines “transitional housing” and ”transitional housing development” as buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Residents of transitional housing are usually connected to supportive services designed to assist the homeless in achieving greater economic independence and a permanent,
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Exhibit B - 17
stable living situation. Transitional housing can take several forms, including group quarters with beds, single-family homes, and multifamily apartments, and typically offers case management and support services to help return people to independent living (often in six months to two years).
Government Code Section 65582 defines supportive housing as housing with no limits on the length of stay that is occupied by a “target population” and links this population with the provision of housing and social services. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV/AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Act (Division 4.5 [commencing with Section 4500] of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (Government Code Sections 65582(f) and (g)).
State law requires transitional and supportive housing to be defined as a residential use and subject only to the same regulations as comparable residential uses. The City currently permits emergency shelters by right in the Community Facilities - Public/Institutional (CF-P/I) and Community Facilities - Private (CF-P) zoning districts with the intent to provide adequate development and operational standards for such uses to ensure that the appropriate housing and services for special needs populations are met.
AB 2162 requires supportive housing projects of 50 units or fewer to be permitted by right in zoning districts where multifamily and mixed-use developments are permitted, when the development meets certain conditions. The City may choose to allow larger supportive housing projects by right in those zoning districts. The bill also prohibits minimum parking requirements for supportive housing within 0.5 mile of a public transit stop.
2.3.11 Employee Housing
The City has no land zoned for agriculture and does not contain any agricultural land uses. Further, the 2015–2019 American Community Survey estimates there are no residents who hold farming, fishing, or forestry occupations. Therefore, there is no need for farmworker housing.
Further, because the City has not adopted any ordinances relating to employee housing, it does not anticipate that any other facilities or employers would provide housing for their employees.
2.4 HOUSING FOR PERSONS WITH DISABILITIES
Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling.
The City has conducted a review of zoning and building code requirements and permitting procedures to identify potential constraints for housing for persons with disabilities. The City’s policies and regulations regarding housing for persons with disabilities are described below.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 18
2.4.1 Zoning and Land Use
Restrictive land use policies and zoning provisions can constrain the development of housing for persons with disabilities.
2.4.1.1 Definition of Family
Local governments may restrict access to housing for households failing to qualify as a “family” by the definition specified in the Zoning Code. Specifically, a restrictive definition of “family” that limits the number of and differentiates between related and unrelated individuals living together may illegally limit the development and siting of group homes for persons with disabilities, but not for housing families that are similarly sized or situated.4 Section 13.06.010(d)(395) of the Zoning Code defines “family” as “One or more persons occupying one dwelling unit. The term "family" includes the occupants of community care facilities serving six or fewer persons that are permitted or licensed by the State. The term "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club, or motel.” To accommodate disabled persons in public facilities, the City defers to the California Access Compliance Reference Manual from the Department of General Services, Division of the State Architect.
The Housing Element includes a program to amend the Zoning Code’s definition of “family” to resolve inconsistencies between the current definition and applicable state law.
2.4.1.2 Residential Care Facilities
Under the Lanterman Act, small licensed residential care facilities for six or fewer persons must be treated as regular residential uses and permitted by right in all residential zoning districts. The City permits small licensed residential care facilities in all residential zoning districts and does not have additional development standards for these facilities and is, therefore, in compliance with the Lanterman Act.
The Housing Element includes a program to amend the Zoning Code to remove the requirement for residential care facilities for seven to 12 persons to obtain a conditional use permit.
2.4.1.3 Parking Standards
Development in the City is required to meet parking standards for people with disabilities, as required by State law, including requirements for the number and design of disabled parking spaces. 4 California court cases (City of Santa Barbara v. Adamson, 1980 and City of Chula Vista v. Pagard, 1981, etc.) have ruled an ordinance as invalid if it defines a “family” as: (a) an individual; (b) two or more persons related by blood, marriage, or adoption; or (c) a group of not more than a specific number of unrelated persons as a single housekeeping unit. These cases have explained that defining a family in a manner that distinguishes between blood-related and non-blood related individuals does not serve any legitimate or useful objective or purpose recognized under the zoning and land use planning powers of a municipality, and therefore violates rights of privacy under the California Constitution.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 19
2.4.1.4 Reasonable Accommodation
The Fair Housing Act requires that local governments provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal opportunity to housing. To create a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities, the City has adopted a Reasonable Accommodations Ordinance in accordance with State law (Chapter 13.15 of the City’s Zoning Code). The Reasonable Accommodations Ordinance provides for flexibility in the City’s development standards to accommodate persons with disabilities.
The following findings are required to approve reasonable accommodation requests:
1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws;
2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
3. The requested accommodation will not impose an undue financial or administrative burden on the city;
4. The requested accommodation will not result in a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning; and
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.
The process to request reasonable accommodations is set forth in Section 13.15.014 of the City’s Zoning Code and is streamlined to include only an application containing the following information:
1. The applicant's name, address, and telephone number;
2. Documentation that the applicant is:
a. An individual with a disability;
b. Applying on behalf of one or more individuals with a disability; or c. A developer or provider of housing for one or more individuals with a disability;
3. Address of the property for which accommodation is requested;
4. The name, address, and telephone number of the property owner(s), if different from the applicant;
5. The current use of the subject property;
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 20
6. The specific basis for the claim that the applicant is considered disabled under the fair housing laws;
7. A description of the accommodation requested including reference to the zoning and development code provision, policy, or procedure from which accommodation is sought;
8. A detailed written explanation of why the requested accommodation is necessary for the individual(s) with a disability to use and enjoy the dwelling; and
9. Any other information that the Community Development Director reasonably concludes is necessary to determine whether the findings required by Section 13.15.016 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
No application fee is required per Section 13.15.014(a) of the City’s Zoning Code.
Once the Community Development Director deems an application complete, public noticing of the request for reasonable accommodation is provided as follows, in furtherance of the fifth finding required for approval (that there will be no direct threat to the health and safety of other individuals or substantial physical damage to the property of others):
• In the event that there is no approval, permit, or entitlement sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties that are immediately adjacent to the property that is the subject of the request; or • In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.
Section 13.15.013 of the City’s Zoning Code requires the Community Development Director or Community Development Department to act on complete applications within 30 days, except when further information has been requested but not yet provided by the applicant (the Zoning Code is explicit that information requested from the applicant must be consistent with fair housing laws).
Determinations are provided in writing to the applicant and other parties previously noticed.
The Housing Element includes Program H-1.2.6 to explicitly identify that the required finding for applications for reasonable accommodations to not “result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others” is to be interpreted consistent with 42 U.S.C. § 3604(f)(9) and Program H-1.3.4 to remove the public noticing requirements for applications for reasonable accommodations.
2.4.2 Building Codes
The City enforces the California Building Code (CBC), including Chapters 11A (Housing Accessibility) and 11B (Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Publicly Funded Housing), which regulate the access and adaptability of buildings to accommodate persons with disabilities. Furthermore, Government Code Section 12955.1 requires that 10 percent of the total dwelling units in multi-family buildings without elevators consisting of three or more
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 21
rental units or four or more condominium units are subject to the following building standards for persons with disabilities:
• The primary entry to the dwelling unit shall be on an accessible route unless exempted by site impracticality tests.
• The public and common areas shall be readily accessible to and usable by persons with disabilities.
• All the doors designed to allow passage into and within all premises shall be sufficiently wide to allow passage by persons in wheelchairs.
• All premises within covered multifamily dwelling units shall contain the following features of adaptable design:
○ An accessible route into and through the covered dwelling unit. ○ Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
○ Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where those facilities are provided. ○ Useable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.
Compliance with the CBC, Government Code, and federal Americans with Disabilities Act (ADA) is assessed and enforced by the Building Division as a part of the building permit process. The City has not adopted any amendments to the CBC that diminish the ability to accommodate persons with disabilities.
2.4.3 Conclusion
The City has not adopted unique restrictions that constrain the development of housing for persons with disabilities nor has it adopted regulations inconsistent with applicable federal or State law.
There are no City-initiated constraints on housing for persons with disabilities caused or controlled by the City. In addition, the City has adopted formalized criteria and processing procedures for reasonable accommodation applications within its Zoning Code.
2.5 SITE IMPROVEMENTS
Developers of single-family residential tracts in the City are required to install arterial and local streets; sewer and water lines; storm drainage; curbs, gutters, and sidewalks; street lighting; underground utilities; and landscaping in the public right-of-way within and adjacent to a tract, if such facilities do not already exist. In most cases, these facilities are dedicated to the City or other agencies that are responsible for ongoing maintenance. Requirements for site improvements are at a level necessary to meet the City's costs and are necessary to protect health, safety, and welfare.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 22
The cost of required off-site improvements vary with the sales price of each dwelling unit depending on the nature of development (i.e., level of improvements required). The City may also impose development impact fees on future housing developments in order to recover costs of installing offsite improvements including upgrading the circulation system and other urban service systems to serve increased density. The developed portions of Laguna Woods have the majority of necessary infrastructure, such as streets, electrical and water facilities, already in place. However, due to the age of the existing infrastructure, many areas where infill housing development is expected to occur may require infrastructure improvements to ensure sufficient capacity at build-out.
The City’s Zoning Code includes minimum street width standards. Private streets serving four or less parcels as access to a public street are required to provide for a minimum pavement width of 16 feet within a minimum 20 ft wide right-of-way. Private streets serving five parcels or more as access to a public street are required to provide for a minimum pavement width of 28 ft within a minimum 40 ft wide right-of-way. Sidewalks are required to not be less than 6 ft in width. Streets in residential districts requiring a building site area of 15,000 sf or more and where no sidewalks are to be installed, are required to have a right-of-way that will provide a parkway width of at least 4 ft.
2.6 PLANNING/ZONING AND DEVELOPMENT IMPACT FEES
Housing development in Laguna Woods is subject to the following types of fees and exactions:
(1) permit processing fees for planning and zoning, and (2) impact fees or exactions, imposed to defray all or a portion of the public costs related to development projects.
Since Fiscal Year 2015-16, the City has retained a qualified third-party consultant to conduct an annual study of the “nexus” between the City’s planning/zoning fees and the reasonable costs of associated services. Planning/zoning fees have generally been set at the City’s reasonable cost of providing services. Profit is not a component of the City’s planning/zoning fees.
Table F lists the City’s residential planning/zoning fees, based off the fee schedule that was effective July 19, 2021. Prior to this update, the City’s planning/zoning fees were last updated in 2020. There were no significant increases to planning/zoning fees.
Table G provides a comparison of the City’s planning/zoning fees with other nearby cities. As shown, the City’s planning/zoning fees are generally comparable to other cities.
In addition to planning/zoning fees, the City is required to collect development impact fees on behalf of the County of Orange and the San Joaquin Hills Transportation Corridor Agency (SJHTCA).
These fees are established independent of the City. A summary of fees as of July 2022 follows. • Coastal Area Road Improvements and Traffic Signals Program – The City is required to collect this fee on behalf of the County of Orange prior to City building permit issuance for new development projects only. For new single-family residential development projects, the fee is $2,989/unit. For new multi-family residential development projects, the fee is $2,392/unit.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 23
Table F: Current Residential Planning/Zoning Fees
Planning/Zoning Fees Initial Deposit
Conditional Use Permit $4,000
Development Agreement $10,000
Environmental Impact Report $10,000
General Plan Amendment $10,000
Zoning Code Amendment $10,000
Initial Study/Negative Declaration/Mitigated Negative Declaration $5,000 Sign Program $2,500
Site Development Permit $4,000
Specific Plan $10,000
Variance $3,500
Zone Change $10,000
Sources: City of Laguna Woods (2021).
Note: All fees are the minimum initial fee for the service. The final fee is based on actual costs, which may be less than the minimum fee (in which case, the unspent amount of the deposit is returned to the applicant) or exceed the minimum fee (in which case, supplemental deposits may be collected and, ultimately, the actual cost is collected with any unspent amount returned to the applicant).
Table G: Comparison of Residential Planning/Zoning Fees Fee Type Laguna
Woods Laguna Niguel Laguna Hills Lake Forest
Conditional Use Permit $4,000 $3,800 $8,148.07 $2,400-5,000 Variance $3,500 $3,800 $6,293.38 $5,000
Zone Change $10,000 $5,000 $10,522.43 $10,000
General Plan Amendment $10,000 $5,000 $7,547.86 $10,000 Tentative Tract Map Varies Preliminary Screencheck: $1,425 (Flat) Filing: $2,925 + $25/each lot (Deposit)
Added Lots to Filed Map: $36/each lot (Flat)
Changed Map: $370 (Flat)
Appeal to City Council: $585 (Flat)
Amendment to Conditions: $155 (Flat)
Amend Approved Map: $1,000 + $36/each numbered
lot (Deposit)
$9,182.99 $10,000
Tentative Parcel Map Varies Preliminary Screencheck: $980 (Flat) Filing: $2,080 (Deposit)
Appeal to City Council: $235 (Flat)
Amendment to Conditions: $155 (Flat)
Amend Approved Map: $1,000 + $36/each numbered
lot (Deposit)
$9,182.99 $7,500
Sources: City of Laguna Woods (2020); City of Laguna Niguel (2020); City of Laguna Hills (2020); City of Lake Forest (2020).
Note: The fees listed above are generally approximated base fees or deposits; if the cost of providing the service exceeds the base fee or deposit, the balance is collected from the applicant.
• Moulton Parkway and Laguna Niguel Fee Program – The City is required to collect this fee on behalf of the County of Orange prior to City building permit issuance for new development projects only. For new single-family residential development projects, the fee is $615/unit. For new multi-family residential development projects, the fee is $360/unit. The County of Orange intends to end this fee program in the near future.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 24
• San Joaquin Hills Road Fee Program – The City is required to collect this fee on behalf of the SJHTCA prior to City building permit issuance for new development projects only. Fees vary based on whether a project is located in “Zone A” or “Zone B,” as defined by the SJHTCA (a map is available at https://www.thetollroads.com/about-tca/development-impact-fee-dif-program/).
For new single-family residential development projects, the fee is $6,211/unit in Zone A and $4,814/unit in Zone B. For new multi-family residential development projects, the fee is $3,618/unit in Zone A and $2,808/unit in Zone B.
Other government agencies collect development impact fees directly from applicants. Again, these fees are established independent of the City. A summary of common fees as of July 2022 follows. • Capistrano Unified School District – Applicants are required to pay a fee directly to the Capistrano Unified School District prior to City building permit issuance for new development projects. The fee only applies if the project is located within the Capistrano Unified School District’s boundaries (a map is available at https://www.capousd.org/Schools/School-Locator/ index.html). The fee is $4.08 per square foot.
• Saddleback Valley Unified School District – Applicants are required to pay a fee directly to the Saddleback Valley Unified School District prior to City building permit issuance for new development projects and additions over 500 square feet. This fee only applies if the project is located within the Saddleback Valley Unified School District’s boundaries (a map is available at https://www.svusd.org/about/school-boundaries). The fee is $4.79 per square foot. • El Toro Water District (ETWD) – Applicants are required to pay a capital facilities fee directly to the ETWD prior to service being provided for new residential development projects. This fee varies based on meter size, but ranges from $2,145 to $21,856 per meter, and the number of gallons of sewage to be discharged to the ETWD’s system each day times $9.311.
In general, planning/zoning and development impact fees can constrain housing development and compromise affordability because the additional cost borne by developers contributes to overall increased housing unit cost. However, the City’s planning/zoning fees are comparable to nearby cities and assessed only to recover reasonable costs of providing services (profit is not a component and the deposit-based fee structure allows for only actual costs to be charged). Development impact fees affecting residential development projects in Laguna Woods are outside of the City’s control.
The City does not collect development impact fees of its own creation.
As noted elsewhere in this Constraints Analysis, the City has not processed a residential development application since the San Sebastian Apartments in the mid-2000s. Since that date, the City has evaluated the adequacy and rationality of its planning/zoning fees, and made changes to recover its reasonable costs of providing services, as allowed by state law. While some planning/ zoning fees have increased as a result of this evaluation, others have been eliminated. For example, the City no longer collects parkland dedication (Quimby Act) fees nor library development fees on behalf of the Orange County Library District. In addition, the County of Orange intends to end the Moulton Parkway and Laguna Niguel Road Fee Program in the near future.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 25
Using the San Sebastian Apartments project as a representative example of multi-family residential development activity, Table H contains City staff’s estimate of planning/zoning and development impact fees assuming the project were built today at a cost of $50,723,304 (calculated based on the actual amenities and current market estimates for construction thereof).
Table H: Prototypical Multi-Family Residential Project
Planning/Zoning and Development Impact Fees
Development Fees Amount
City Planning/Zoning Fees $35,000
Coastal Area Road Improvement and Traffic Signals Program (Impact Fee) $325,486 Moulton Parkway and Laguna Niguel Fee Program (Impact Fee) $49,044 San Joaquin Hills Road Fee Program (Impact Fee) $472,216 Saddleback Valley Unified School District (Impact Fee) $668,932 El Toro Water District (Capital Facilities Fee) $170,000 TOTAL PLANNING/ZONING AND DEVELOPMENT IMPACT FEES $1,720,678 Per Unit @ 134 units $12,841
Total planning/zoning and development impact fees for the prototypical apartment project in Table H represent approximately 3.4 percent of the estimated development cost, far below the 10– 15 percent of development costs that the Housing and Community Development Department of the State of California (HCD) considers “typical” per its Building Blocks: Fees and Exactions guidance (retrieved July 2022). Of particular note is that only approximately 2 percent of total planning/zoning and development impact fees are established by the City.
Table I contains City staff’s estimate of planning/zoning and development impact fees for a new 2,150 square foot single-family home (one unit) development project built today at a cost of $400,000 (comparable to the example used for similar purposes by the City of Aliso Viejo in that city’s draft Housing Element dated February 1, 2022).
Table I: Prototypical Single-Family Home Project Planning/Zoning and Development Impact Fees
Development Fees Amount
City Planning/Zoning Fees $2,500
Coastal Area Road Improvement and Traffic Signals Program (Impact Fee) $2,989 Moulton Parkway and Laguna Niguel Fee Program (Impact Fee) $615 San Joaquin Hills Road Fee Program (Impact Fee) $6,211
Saddleback Valley Unified School District (Impact Fee) $10,299 El Toro Water District (Capital Facilities Fee) $2,500
TOTAL PLANNING/ZONING AND DEVELOPMENT IMPACT FEES $25,114 Total planning/zoning and development impact fees for the prototypical single-family home project in Table I represent approximately 6.3 percent of the estimated development cost, far below the 10–15 percent of development costs that HCD considers “typical” per its Building Blocks: Fees and
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 26
Exactions guidance (retrieved July 2022). Of particular note is that only approximately 10 percent of total planning/zoning and development impact fees are established by the City.
The City’s development fees do not appear to represent a constraint on housing development.
Assembly Bill 641 (2007–2008) provides cash flow flexibility for the majority of affordable housing projects by allowing development impact fees to be paid as late as the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first.
2.7 LOCAL PROCESSING AND PERMIT PROCEDURES
Development processing and permitting procedures are necessary steps to ensure that residential construction proceeds in an orderly manner. However, the time and cost of permit processing and review can be a constraint to housing development if they place an undue burden on the developer.
Although the City has not processed an application for a housing development project since the San Sebastian Apartments in the mid-2000s, it is committed to working closely with developers and applicants to approve projects in a timely manner. The San Sebastian Apartments project received its planning/zoning approvals in October 2005 and submitted an application for building permits in September 2006 (approximately 11 months apart). Due to the lack of housing development applications since the San Sebastian Apartments project, there is no other local data that speaks to length of time between receiving approval for a project and submittal of an application for building permits.
For a typical project, the developer would meet with Planning Division staff to discuss the project and then submit plans for review. Plans would either be submitted to the Planning Division first and, once approved, to the Building Division for building permitting, or submitted concurrently to both the Planning Division and Building Division if so desired by the applicant. Applicants that submit concurrent applications would effectively eliminate any length of time between receiving approval for their project and submittal of an application for building permits. Projects requiring a Site Development Permit (SDP) or Conditional Use Permit (CUP) would be reviewed and acted upon as described herein. Throughout construction, various City divisions would perform inspections to monitor the progress of the project. This process is comparable to that of many cities in the region; therefore, processing times and expectations are typical for the region.
A typical new single-family home development project (one unit) would require only the issuance of ministerial building permits, unless the project is subject to the State Subdivision Map Act in which case those requirements would also apply. The Building Division’s initial review of building permit applications for single-family homes is seven days, followed by five days for subsequent submittals.
A typical new multi-family residential development project of three units or less would require only the issuance of ministerial building permits, unless the project is subject to the State Subdivision Map Act in which case those requirements would also apply. The Building Division’s initial review of building permit applications for multi-family residential projects is the same as single-family homes – seven days, followed by five days for each subsequent submittal.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 27
Table J outlines the development review processing times and approval procedures for residential developments applications. For housing development projects proposed to occur within any of the “by-right” overlay zoning districts to be created through the Housing Element’s rezoning program, it is unlikely that the first four actions/requests listed in Table J, or variances, would be required, barring an unusual request from the applicant. The overlay zoning districts are intended to expedite the development of housing in a manner that complies with State housing law.
Table J: Typical Permit Processing Timelines
Action/Request Processing Time Comments
Environmental Impact Report 9-12 months Processing and review time limits controlled through CEQA. Adopted by the City Council.
Initial Study/Mitigated Negative
Declaration
6-9 months Processing and review time limits controlled through CEQA. Adopted by the City Council.
General Plan Amendment 10–12 months Government Code Section 65358 limits the number of times any element of the General Plan can be amended
each calendar year. Approved by the City Council.
Requires a public hearing.
Zone Change 8–12 months Certain procedures and time limits established by Gov.
Code Sections 65854-65857. Approved by the City
Council. Requires a public hearing.
Tentative Parcel Map 45–60 days Processing and review time limits controlled through the State Subdivision Map Act. Approved by the City Council.
Tentative Tract Map 6–8 months Processing and review time limits controlled through the State Subdivision Map Act. Approved by the City Council.
Variance 3–4 months Approved by the City Council. Requires a public hearing.
Conditional Use Permits 3–4 months Approved by the City Council. Requires a public hearing.
Site Development Permit 2-3 months Approved by the Community Development Director.
CEQA = California Environmental Quality Act
Depending on the type of approval that is required, a one or two-level decision-making process may be required. The City’s process is somewhat more streamlined than many other cities in that the City Council also serves as the Planning Commission.
2.7.1 Site Development Permit
Multi-family residential development projects consisting of more than four units are required to obtain a Site Development Permit (SDP) to establish the use when permitted by right. It is anticipated that most (if not all) of the “by-right” housing projects newly possible due to this Housing Element would require a SDP. The purpose of a SDP is to provide for administrative review of detailed development plans for a proposed use. Uses that require a SDP are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use vis-a-vis the sensitivity of the subject site or surrounding community.
SDP applications are acted upon by the Community Development Director unless he/she/they determine on a case-by-case basis, that the public interest would be better served by the application being acted on by the City Council. Public hearings are only required when the Community Development Director requests action by the City Council.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 28
The following findings are required to approve SDP applications:
1. The use or project proposed is consistent with the General Plan;
2. The use, activity or improvement(s) proposed is consistent with the provisions of the Zoning Code;
3. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act;
4. The location, size, design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity;
5. The approval of the permit application will not result in conditions or circumstances contrary to the public health and safety and the general welfare; and
6. The approval of the permit application is in compliance with all City-required public facilities regulations.
Given the typical nature of the findings required to approve SDP applications, the application of the SDP requirement only to larger-scale multi-family residential projects, the default level of review and approval resting with staff, the typical permit processing time of 2-3 months, and the ability for building plan review to occur concurrent with SDP processing, it is unlikely that this requirement would constrain housing supply, affordability, timing, or approval certainty.
2.7.2 Conditional Use Permit
Conditional Use Permits (CUPs) are required for some multi-family development, senior housing projects, and large residential care facilities, dependent upon the underlying zoning district. CUPs are not required for any of the “by-right” overlay zoning districts to be created through the Housing Element’s rezoning program.
CUP applications are acted upon by the City Council. A public hearing is required.
The following findings are required to approved CUP applications:
1. The use or project proposed is consistent with the General Plan;
2. The use, activity or improvement(s) proposed is consistent with the provisions of the Zoning Code;
3. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act;
4. The location, size, design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity;
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 29
5. The approval of the permit application will not result in conditions or circumstances contrary to the public health and safety and the general welfare; and
6. The approval of the permit application is in compliance with all City-required public facilities regulations.
Again, the CUP requirement only applies to condominiums and apartments in existing residential zoning districts and would not apply to the “by-right” overlay zoning districts to be created through the Housing Element’s rezoning program. Although the CUP requirement does not affect the City’s housing supply, it could affect affordability, but not within the “by right” overlay zoning districts to be created through the Housing Element’s rezoning program.
2.8 BUILDING CODES
As required of all local governments in California, the City enforces the CBC. The CBC establishes construction standards necessary to protect public health, safety, and welfare and all new constructions and renovations must conform to the standards of the CBC.
Based on recommendations from the Orange County Fire Authority (OCFA), the City has adopted several amendments to the CBC, which revised the following chapters:
• Scope and administration;
• Definitions;
• General requirements;
• Emergency planning and preparedness;
• Fire service features;
• Fire protection and life safety systems;
• Construction requirements for existing buildings;
• Energy systems;
• Fruit and crop ripening;
• Fumigation and insecticidal fogging;
• Lumber yards and agro-industrial, solid biomass and woodworking facilities; • Requirements for wildland-urban interface fire areas; • Hazardous materials;
• Explosives and fireworks;
• Flammable and combustible liquids;
• Flammable gases and flammable cryogenic fluids;
• Referenced standards; and
• The various appendices.
More information on these changes can be found in the City’s Municipal Code. Compliance with the CBC, and the City’s locally adopted amendments to the CBC, should not significantly add to the cost of construction since the CBC is mandated to be enforced statewide and costs should be relatively uniform statewide. In addition, because the OCFA serves as a regional fire protection agency, the County of Orange and 22 other member cities have adopted substantially similar amendments,
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 30
which means that the cost of complying with the City’s amendments to the CBC is substantially similar to most of the other cities in Orange County. Costs associated with the CBC and any locally adopted amendments are necessary to protect the health safety and welfare of the citizens.
Compliance ensures that all new or renovated buildings are structurally sound, have proper exiting, and are equipped with necessary fire protection features. In addition, the CBC mandates energy efficiency as well as provisions for access for persons with disabilities.
Since Fiscal Year 2015–16, the City has retained a qualified third-party consultant to conduct an annual study of the “nexus” between the City’s fees and the reasonable costs of building permitting.
Fees have generally been set at the City’s reasonable cost of providing services. Profit is not a component of the City’s building permit fees. The current building permit fee schedule and supporting fee study is available at https://www.cityoflagunawoods.org/government/transparencypublic-records/.
As incentives to develop affordable housing projects, the Housing Element includes three programs that will have a lessening effect on the City’s building permit fees. Program H-1.2.4 will reduce fees for qualifying lot consolidations, Program H-1.2.5 will waive or reduce fees for qualifying affordable housing projects subject to long-term affordability covenants, and Program H-2.2.2 will waive or reduce fees for improvements made to accommodate qualifying disabilities. Four other programs— H-1.2.8, H-2.1.2, H-3.1.3, and H-3.2.4—involve the establishment of incentives that may include fee waivers or reductions for energy efficiency in new development projects, affordability covenants, affirmative marketing, and energy efficiency in qualifying apartment and cooperative housing units, respectively.
2.9 FEDERAL AND STATE REGULATIONS
Federal and State requirements may act as a barrier to the development or rehabilitation of housing, and affordable housing in particular. These include State prevailing wage requirements and environmental review requirements.
2.9.1 State Prevailing Wage Requirements
Labor Code Section 1720, which applies prevailing wage rates to public works of over $1,000, defines public works to mean construction, alteration, installation, demolition, or repair work done under contract and paid for in whole or in part out of public funds. For example, public transfer of an asset for less than fair market value, such as a land write-down, would be construed to be paid for in part out of public funds and trigger prevailing wage requirements.
While the cost differential in prevailing and standard wages varies based on the skill level of the occupation, prevailing wages tend to add to the overall cost of development. In the case of affordable housing projects, prevailing wage requirements could effectively reduce the number of affordable units that can be achieved with public subsidies. However, State law does allow a number of exceptions for single-family homes and for projects intended to support affordable housing, such as the construction or expansion of emergency shelters or construction of some types of affordable housing units.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 31
2.9.2 Environmental Protection
Federal and State regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, conditional use permits, etc.). Costs resulting from the environmental review process, such as costs related to the preparation of environmental analyses, increase the cost of housing and may be passed on to the consumer. Environmental review can also impact the processing time for project review due to mandated public review periods. However, the presence of these regulations helps preserve the environment and ensure environmental safety. Recent State laws have established exemptions from CEQA for infill and affordable housing projects. Due to the City’s predominantly built-out nature, it is anticipated that the majority of proposed projects would be in-fill and likely exempt from environmental review as urban infill projects.
2.9.3 State Transparency Requirements
AB 1483 requires the City to provide on its website a current schedule of fees, exactions, and affordability requirements imposed by the City applicable to a proposed housing development project, all zoning ordinances and development standards, and annual fee reports or annual financial reports, as specified. AB 1483 also requires the City to provide on its website an archive of impact fee nexus studies, cost of service studies, or equivalent, as specified.
The information provided on the City’s website complies with AB 1483.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 32
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A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 33
3.0 MARKET CONSTRAINTS
3.1 AVAILABILITY OF FINANCING
The availability of financing in a community depends on a number of factors, including the type of lending institutions active in the community, lending practices, rates and fees charged, laws and regulations governing financial institutions, and equal access to those institutions.
Under the Home Mortgage Disclosure Act (HMDA), lending institutions are required to disclose information on the disposition of loan applications and the income, gender, and race of loan applicants. A total of 1,112 households applied for mortgage loans for homes in the seven census tracts that include residential areas in Laguna Woods in 2019 (Table K). Overall, 62 percent of these applications were approved, 15 percent were denied, and 23 percent were either withdrawn or closed for incompleteness. Conventional financing involves market-rate loans provided by private lending institutions such as banks, mortgage companies, savings and loans, and thrift institutions. Of the 453 applications for conventional purchase loans, 70 percent were approved. The approval rate for government-backed loans was slightly higher at 72 percent, while the approval rate for refinance applications was 58 percent. Home improvement loan applications had the lowest approval rating, with 37 percent of applications being approved and 44 percent being denied.
Table K: Disposition of Home Purchase and Improvement
Loan Applications (2019)
Loan Type Total Applications Approved Denied Other
Government-Backed Purchase 39 72% 8% 20%
Conventional Purchase 453 70% 10% 20%
Refinance 545 58% 16% 26%
Home Improvement 75 37% 44% 19%
Total 1,112 62% 15% 23%
Source: Federal Financial Institutions Examination Council (FFIEC) Home Mortgage Disclosure Act Data Publication. (2019).
Note: “Other” includes files closed for incompleteness and applications withdrawn. Data covers the seven census tracts that include residential areas in Laguna Woods (Census Tracts 626.22, 626.25, 626.41, 626.46, 626.47, 626.48, and 626.49).
3.2 FORECLOSURES
Foreclosure occurs when households fall behind on one or more scheduled mortgage payments. The foreclosure process can be halted if the homeowner is able to bring their mortgage payments current. If payments cannot be resumed or the debt cannot be resolved, the lender can legally use the foreclosure process to repossess (take over) the home. When this happens, the homeowners must move out of the property. If the home is worth less than the total amount owed on the mortgage loan, a deficiency judgment could be pursued. If that happens, the homeowner would lose their home and also would owe the home lender an additional amount.
Between 2000 and 2005, with low interest rates, “creative” financing (e.g., zero down, interest only, adjustable loans), and predatory lending practices (e.g., aggressive marketing, hidden fees, negative
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 34
amortization), many households purchased homes that were beyond their financial means. Under the false assumptions that refinancing to lower interest rates would always be an option and home prices would continue to rise at double-digit rates, many households were unprepared for the hikes in interest rates, expiration of short-term fixed rates, and decline in sales prices that set off in 2006.
Suddenly faced with significantly inflated mortgage payments, and “upside-down” mortgage loans (that are larger than the worth of the homes), many had to resort to foreclosing their homes.
However, since the Great Recession, foreclosure rates have come down significantly. As of June 2021, there was only one home in Laguna Woods in some stage of foreclosure. The foreclosure rate was less than 0.01 percent for Laguna Woods as well as for Orange County as a whole.5
3.3 DEVELOPMENT COSTS
3.3.1 Land Availability and Cost
The availability and price of land represents a significant market constraint to housing production throughout most of Southern California. This constraint is particularly acute in communities, such as Laguna Woods, where there is very little residentially designated vacant land. In June 2021, based on a survey of online real estate listings, there were no vacant properties listed for sale within Laguna Woods. Due to limited land availability, most new residential development in Laguna Woods will involve redeveloping properties with existing uses, which tends to add to the cost of land.
Density bonuses are available for projects that include affordable housing. Developers of affordable housing may also be granted regulatory concessions or development incentives. Density bonuses, together with the incentives and/or concessions, result in a lower average cost of land per dwelling unit thereby making the provision of affordable housing more feasible.
3.3.2 Cost of Construction
The cost of labor and building materials has a significant impact on the overall cost of new housing and can, therefore, be a constraint to affordable housing development. According to the National Association of Home Builders Construction Cost Survey, construction costs (including labor and materials) account for over 55 percent of the sales price of a new single family home. The Construction Cost Survey found that the average construction cost for a single family home in 2017 was $237,760. It should be noted that the Construction Cost Survey is a national survey and may not be completely representative of Laguna Woods or Orange County; however, it does illustrate that construction costs comprise a significant proportion of the ultimate sales price of residential development. While significant, construction costs are consistent throughout the region and therefore would not specifically constrain housing development in Laguna Woods when compared to other cities in the region.
A reduction in amenities and the quality of building materials (above a minimum acceptability for health, safety, and adequate performance) can result in lower development costs. As part of the City’s density bonus and inclusionary housing programs, the City allows affordable units to be 5 Realtytrac.com (accessed June 2021).
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 35
smaller in size (maintaining the same number of bedrooms) and could also consider allowing less costly features and interior finishes, provided all project units were comparable in construction quality and exterior design.
Another factor related to construction costs is the number of units built at one time. As that number increases, overall costs generally decrease as builders are able to take advantage of the benefits of economies of scale.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 36
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A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 37
4.0 INFRASTRUCTURE CONSTRAINTS
The availability of public infrastructure and services for residential development is another potential constraint to the development of housing. The majority of Laguna Woods is highly urbanized and built-out with most of the necessary infrastructure, streets, electrical lines, and water distribution already in place. This section provides an overview of potential utility service constraints.
4.1 WATER
Laguna Woods is served by the El Toro Water District (ETWD), a public water service agency. Water provided in the El Toro Water District is nearly entirely dependent on imported water. Imported water is transported via a blend of water from the Colorado River and the Sacramento Bay Delta via the State Water Project. Both sources of import water are transported from hundreds of miles through a series of tunnels, aqueducts and pipelines to reach Orange County, and are distributed by the Metropolitan Water District (MWD) of Southern California, the region’s wholesale water provider. ETWD purchases this imported water from the MWD through the Municipal Water District of Orange County. ETWD has taken a leading role in improving local water supply reliability for south Orange County. Together with the Santa Margarita Water District and the Moulton Niguel Water District, ETWD maintains and operates a large covered drinking water reservoir with a capacity of 275 million gallons. In the event of an emergency or unplanned interruption of water service, the reservoir could provide a 14-day supply of water to ETWD customers.
According to ETWD’s Draft 2020 Urban Water Management Plan (UWMP), water use within its service area was 7,167 acre-feet of potable water and 1,270 acre-feet of recycled water for landscape irrigation in 2019. A stable trend is expected because ETWD’s service area is predominantly built-out and the rate of population growth is small (about 0.23 percent per year).
Water conservation efforts also kept per capita water use down. The total service demand was expected to increase to 8,737 acre-feet by 2025 and projected to increase to 9,156 acre-feet by 2045. According to the UWMP, ETWD’s system is expected to have the ability to supply 9,156 acrefeet of water in 2045, meeting the projected demands. ETWD’s demand projections consider such factors as current and future demographics, future water use efficiency measures, and long-term weather variability, and specifically take into account the additional housing units that each of the cities within its service area must plan for as part of the RHNA requirements. Therefore, adequate water supply is available to accommodate the RHNA during the Housing Element planning period.
SB 1087 requires that water providers develop written policies that grant priority to proposed development that includes housing affordable to lower-income households. The legislation also prohibits water providers from denying or conditioning the approval of development that includes housing affordable to lower income households, unless specific written findings are made. The City will provide a copy of the adopted Housing Element to ETWD after adoption and will continue to coordinate with ETWD to ensure priority service provision to affordable housing developments.
4.2 WASTEWATER
Wastewater in Laguna Woods is collected, treated, and disposed of by ETWD’s Wastewater Treatment Plant (WTP), which has a maximum capacity of 6 million gallons per day. In addition,
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 38
ETWD operates a Water Recycling Plant (WRP), which allows it to reuse much of its wastewater effluent as recycled water by applying a tertiary treatment process. The WTP and WRP serve portions of the cities of Laguna Hills, Mission Viejo, Aliso Viejo, Lake Forest and all of Laguna Woods.
ETWD has been able to meet its water demands from a combination of water resources and technology that optimally promote use of water conservation practices, water importation and recycled water treatment and delivery. In 2012, ETWD began a Recycled Water Expansion Project to increase the treatment and delivery of recycled water through a new tertiary treatment facility. The tertiary treatment plant is designed to produce as much as 3.7 million gallons of recycled water per day with a peak hour pumping capacity of over 5,000 gallons per minute. The WRP expansion was designed with the ability to expand capacity up to the expected maximum amount of raw wastewater entering the plant. Simultaneously, ETWD built a new recycled water distribution system that includes 140,000 ft of recycled water pipelines beneath the roadways in portions of Laguna Woods and the northwest portion of Laguna Hills. Therefore, there are no constraints on the availability of wastewater disposal or treatment.
SB 1087 mandates priority sewage collection and treatment service to housing developments providing units affordable to lower-income households. The City will provide a copy of the adopted Housing Element to ETWD after adoption. The City will continue to coordinate with ETWD to ensure priority service provision to affordable housing developments.
4.3 TRANSPORTATION INFRASTRUCTURE
In 1990, Orange County voters approved Measure M, the Revised Traffic Improvement and Growth Management Ordinance, which provides funding to Orange County for needed transportation improvements over a 20-year period through the imposition of a one-half cent retail transaction and use tax. In 2006, voters extended the tax through 2041 (Measure M2). Cities such as Laguna Woods can qualify for Measure M funds if they comply with the Countywide Growth Management Program component requirements and have an established policy framework for that program. As part of complying with the Countywide Growth Management Program component requirements, Laguna Woods implemented a development mitigation program that established a fee structure for requiring new development to pay its proportionate share funding of impacts to the regional roadway system.
In order to assist with the long-term development of funding for major capital improvement projects on public property, the City Council adopts a minimum 7-year Capital Improvement Program (CIP) on an annual basis. The CIP and the minimum 7-year period to which it applies is also a requirement for receiving funding from Measure M2.
In addition, the City is within the SJHTCA fee assessment area. The payment of development impact fees is required as a condition of approval of a final parcel or tract map or as a condition of issuing a building permit on any properties within the fee assessment area, as authorized by Government Code Section 66484.3. These development impact fees are collected for the purpose of repaying the indebtedness incurred to construct the San Joaquin Hills Transportation Corridor (State Route 73) that has already been built, as well as to pay the cost of future anticipated improvements and ongoing planning and environmental requirements.
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 39
Fees are collected on new residential dwellings and new non-residential square footage in areas identified as the area of benefit surrounding the corridor. While most of Laguna Woods is within Area of Benefit Zone A for the SJHTCA, certain northerly portions of Laguna Woods are within Area of Benefit Zone B. Table L provides a summary of the current (2022) development impact fees assessed within those areas. In 1997, the SJHTCA Board of Directors adopted a set rate of increase for the fees. Each July 1, rates for the SJHTCA increase by 2.667 percent.
Table L: San Joaquin Hills Transportation Corridor
Development Impact Fees (2022)
Zone A Zone B
Single Family Residential $6,211/unit $4,814/unit
Multi-Family Residential $3,618/unit $2,808/unit
Source: Transportation Corridor Agencies (2022).
Note: In 1997, the San Joaquin Hills Transportation Corridor Agency Board of Directors adopted a set rate of increase for the fees. Each July 1, rates increase by 2.667 percent.
While the traffic mitigation fees described above may present a constraint to housing development, they are necessary to facilitate the ongoing maintenance of transportation infrastructure.
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 40
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PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 41
5.0 ENVIRONMENTAL CONSTRAINTS
A wide range of environmental factors may constrain the development of new housing. Areas of special environmental significance, potential safety hazards, and development constraints have influenced and will continue to influence land use policy. The City’s Safety Element identifies areas subject to a number of environmental constraints, including flooding, seismic hazards, hazardous and toxic materials, and urban fires. The City’s General Plan recognizes those hazards and identifies programs to minimize them.
5.1 FLOODING
The Federal Emergency Management Agency (FEMA) publishes maps that identify areas of the City subject to flooding in the event of a major storm. Those Flood Insurance Rate Maps (FIRMs) indicate areas that may be inundated in the event of a 100-year or a 500-year storm. In addition, the maps indicate the base flood elevations at selected intervals of the floodway. The flood map contained in the City’s Safety Element indicates that very few areas are within 100-year flood event inundation areas. Areas are limited to the small reservoir southeast of the intersection of Moulton Parkway and Ridge Route Drive, the 9 Hole Par 3 Golf Course in Laguna Woods Village, and Aliso Creek in the southeastern portion of Laguna Woods. The projected 500-year flood would most significantly affect low-lying areas along Aliso Creek.
Additional flood hazards include the four reservoirs with a total maximum capacity of 10 million gallons of potable water distributed throughout Laguna Woods. Two of these reservoirs are located at a high point northwest of the intersection of El Toro Road and Moulton Parkway, and two are located in Laguna Woods Village (one at the south end of Calle Sonora Este and another on the west side of Bahia Blanca West). The dam/reservoir located southeast of the intersection of Moulton Parkway and Ridge Route Drive (Rossmoor #2) is located in a 100-year floodplain but is not subject to State dam inundation mapping regulations. The Veeh Reservoir located nearby in the City of Laguna Hills is also within a 100-year floodplain. According to the City’s Safety Element, failure of any of the previously mentioned ETWD infrastructure could cause localized flooding.
The Moulton Niguel Water District owns and operates a water tank in the City of Aliso Viejo just south of the intersection of El Toro Road and Aliso Creek Road. Failure of that water tank could cause flooding on El Toro Road and in the lower portions of Woods End Wilderness Preserve.
The failure of the bridge along Avenida Sevilla that crosses Aliso Creek could impede movement and cause localized flooding on property in Laguna Woods Village. Flood hazards in Laguna Woods pose a moderate risk. Areas designated for future residential development will be evaluated on an individual basis regarding their potential flood hazard.
5.2 SEISMIC AND GEOLOGIC HAZARDS
As stated in the City’s Safety Element, the entirety of Laguna Woods—as well as all of Southern California—is located within a seismically active region that has been subject to major earthquakes in the past. There are no known faults in Laguna Woods. However, the Newport-Inglewood, Whittier-Elsinore, Glen Ivy Elsinore, and Temecula-Elsinore faults are located within close proximity
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 42
to Laguna Woods. The closest fault—Newport-Inglewood—traverses approximately 7-8 miles southwest of Laguna Woods. The San Andreas and San Jacinto faults are located much further away from Laguna Woods (the San Jacinto Fault crosses the region approximately 40 miles northeast of Laguna Woods and the San Andreas Fault is even farther away [approximately 50 miles northeast]).
Although farther away, those faults have the potential to deliver larger magnitude earthquakes than the other five faults mentioned above. Other major faults may be buried under alluvium, or fault traces may have been obliterated due to natural weathering.
Liquefaction is another hazard associated with intense ground shaking, in which the soil can destabilize and if sufficient water is present in the soil, the soil and water can mix. The City’s Safety Element includes a map that identifies liquefaction hazard zones. Most of the approximately 256 acres that are within the identified liquefaction hazard zones are in the southeastern portion of Laguna Woods; however, small areas that are subject to liquefaction hazards also exist in the northern and western part of Laguna Woods. Areas within these hazard zones may experience liquefaction during extreme ground shaking.
Landslides, which can occur as a result of seismic activity or as an independent event, have the potential to cause loss of life, personal injury, economic loss, and property damage in Laguna Woods. The City’s Safety Element includes a map that shows the locations of the approximately 77 acres that are prone to earthquake-induced landslides. Most of the areas that are subject to landslides are in the western half of Laguna Woods.
5.3 WILDFIRES
According to the City’s Safety Element, wildfires in the open space and wildland-urban interface area that borders the westernmost edge of Laguna Woods could cause loss of life, personal injury, and extensive property damage, including damage to open space resources. Consequently, fires are considered to pose a very significant risk. In 2012, the City Council designated three fire hazard severity zones (very high, high, and moderate) within the wildland-urban interface area shown in the Safety Element. The Very High Fire Hazard Severity Zone was identified by the California Department of Forestry and Fire Protection (CAL FIRE), while the High and Moderate Fire Hazard Severity Zones were identified by OCFA based on an assessment of vegetation, slope, fire history, weather patterns, and impact of flames, heat, and flying embers. Collectively, those zones and the 2,564 residential dwelling units within them face the highest risk of wildfire impacts. However, OCFA has developed a number of resources that are intended to mitigate fire risk through vegetation management, including technical guidelines for developing fuel modification plans for new construction projects and maintaining and managing vegetation on properties within fire hazard areas.
5.4 NOISE
Noise generated from mobile sources such as traffic on City streets and Interstate 5 (I-5) and aircraft flyovers will continue to have the greatest potential impact on the City’s land use decisions. The City’s Noise Element describes the existing noise environment using maps that identify several areas with high levels of noise. The Noise Element also identifies noise sources and contains goals and policies that will be useful in reducing the effects of noise, if not the actual intensity of noise. Land
PROPOSED
A UGUST 2023 CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit B - 43
use policy discourages the placement of noise-sensitive land uses in areas that are subject to high noise levels. The City requires new housing developments to provide an acoustic analysis and provide necessary mitigation, such as barriers or additional sound insulation, for projects located within the 65 CNEL noise contour zones identified in the Noise Element. According to the Noise Element, areas adjacent to the following road segments are either already within the 65 CNEL noise contour or are projected to be in future General Plan build-out:
• El Toro Road (Aliso Creek Road to Paseo de Valencia)
• Moulton Parkway (Gate 12 south to City limits)
• Santa Maria Avenue (Avenida Sosiega to Santa Vittoria Drive)
PROPOSED
CONSTRAINTS A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit B - 44
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PROPOSED
August 2023
EXHIBIT C
HOUSING SITES INVENTORY AND ANALYSIS
CITY OF LAGUNA WOODS
PROPOSED
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PROPOSED
August 2023
HOUSING SITES INVENTORY AND ANALYSIS
CITY OF LAGUNA WOODS
Submitted to:
City of Laguna Woods
24264 El Toro Road
Laguna Woods, California 92637
Prepared by:
LSA
3210 El Camino Real, Suite 100
Irvine, California 92602
(949) 553-0666
PROPOSED
Project No. LWD2101
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PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C - i
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii
1.0 INTRODUCTION ................................................................................................... 1
2.0 STATE REGULATIONS ........................................................................................... 2
2.1 Assembly Bill 1397................................................................................................................ 3
2.2 Assembly Bill 686.................................................................................................................. 3
3.0 OVERVIEW OF POTENTIAL HOUSING SITES .......................................................... 4
4.0 METHODOLOGY USED TO IDENTIFY SITES .......................................................... 13
5.0 ENVIRONMENTAL CONSTRAINTS AND ADEQUATE INFRASTRUCTURE ................ 18
5.1 Environmental Constraints................................................................................................. 18
5.2 Infrastructure Constraints.................................................................................................. 18
5.3 General Land Use Considerations ...................................................................................... 21
5.4 Access to Community Resources........................................................................................ 22
5.5 Energy Conservation Opportunities................................................................................... 23
5.5.1 City Efforts..........................................................................................................................23
5.5.2 Other Resources.................................................................................................................25
6.0 FAIR HOUSING ISSUES ....................................................................................... 26
6.1 Proposed Sites.................................................................................................................... 26
6.2 Poverty Status..................................................................................................................... 28
6.3 Diversity Index .................................................................................................................... 28
6.4 Healthy Places .................................................................................................................... 33
6.5 Social Vulnerability ............................................................................................................. 33
6.6 Tax Credit Allocation Committee Opportunity Areas......................................................... 39
6.7 Regional Opportunity Index ............................................................................................... 43
6.8 Disability ............................................................................................................................. 43
6.9 Family Status ...................................................................................................................... 44
6.10 Income................................................................................................................................ 46
6.11 Race and Ethnicity .............................................................................................................. 47
6.12 Local Data and Knowledge ................................................................................................. 50
6.12.1 Age and Income Restrictions..............................................................................................50
6.12.2 Property Ownership Implications.......................................................................................51
6.12.3 Environmental and Topography Constraints......................................................................51
6.12.4 Relevant Factors Contributing to Fair Housing...................................................................52
6.13 Concluding Analysis............................................................................................................ 52
7.0 REALISTIC DEVELOPMENT CAPACITY ................................................................. 54
8.0 QUANTIFIED OBJECTIVES ................................................................................... 58
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - ii
FIGURES AND TABLES
FIGURES
Figure 1: Housing Sites Key Map...........................................................................................................11 Figure 2: Poverty Status........................................................................................................................29 Figure 3: Diversity Index .......................................................................................................................31 Figure 4: Healthy Places Index ..............................................................................................................35 Figure 5: Social Vulnerability Index.......................................................................................................37 Figure 6: TCAC Opportunity Areas........................................................................................................41 TABLES
Table A: City of Laguna Woods Housing Needs Allocation (2021–2029)................................................2 Table B: Site Descriptions .......................................................................................................................5 Table C: Application of Methodology Used to Identify Sites................................................................16 Table D: Environmental and Site Constraints.......................................................................................19 Table E: Potential Overlay Zoning Districts...........................................................................................21 Table F: Potential Housing Units during 2021–2029 Planning Period ..................................................26 Table G: Recently Developed Housing in Nearby Cities........................................................................27 Table H: Domains and Lists of Indicators for Opportunity Maps..........................................................39 Table I: Disability Trends.......................................................................................................................43 Table J: Family Status Trends................................................................................................................45 Table K: Income Trends.........................................................................................................................46 Table L: Race and Ethnicity Trends .......................................................................................................48 Table M: Race and Ethnicity Trends (2006–2010 ACS to 2015–2019 ACS) ..........................................49 Table N: Potential Housing Unit Production.........................................................................................56 Table O: Summary of Quantified Objectives ........................................................................................58
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C - iii
LIST OF ABBREVIATIONS AND ACRONYMS
AB Assembly Bill
ACS American Community Survey
AFFH Affirmatively Furthering Fair Housing
APN Assessor’s Parcel Number
CALGreen California Green Building Standards Code
CARE California Alternate Rates for Energy
CDC Centers for Disease Control and Prevention
CF-P Community Facilities—Private
City City of Laguna Woods
du/ac dwelling unit per acre
ETWD El Toro Water District
FERA Family Electric Rate Assistance
FHEO Fair Housing Enforcement and Outreach
Golden Rain Foundation Golden Rain Foundation of Laguna Woods HCD California Department of Housing and Community Development HPI Healthy Places Index
HUD United States Department of Housing and Urban Development LIHTC Low Income Housing Tax Credit
MFI median family income
OCTA Orange County Transportation Authority
PA Professional and Administrative Office
PHASC Public Health Alliance of Southern California
RHNA Regional Housing Needs Assessment
ROI Regional Opportunity Index
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - iv
SB Senate Bill
SCAG Southern California Association of Governments
SCE Southern California Edison
SVI Social Vulnerability Index
SVUSD Saddleback Valley Unified School District
TCAC Tax Credit Allocation Committee
UWMP Urban Water Management Plan
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C - 1
1.0 INTRODUCTION
State Housing Element law requires local governments to adequately plan to meet their existing and projected housing needs, including their share of the Regional Housing Needs Assessment (RHNA) allocation. Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, which is used to identify sites that can be developed for housing within the planning period. This report has been prepared to satisfy Government Code Section 65583(a)(3).
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - 2
2.0 STATE REGULATIONS
State law recognizes the vital role local governments play in the availability, adequacy, and affordability of housing. Every city and county in California is required to adopt a long-range General Plan to guide its physical development; the Housing Element is one of the seven mandated elements of the General Plan. State Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing production. Housing Element statutes also require the California Department of Housing and Community Development (HCD) to review local housing elements for compliance with state law and to report its findings to the local government.
State Housing Element law requires that each local government develop local housing programs to meet its “fair share” of existing and future housing needs for all income groups. The Southern California Association of Governments (SCAG) is responsible for developing and assigning these regional needs, via the RHNA process, to Southern California jurisdictions including the City.
Government Code Section 65583(a)(3) requires that local governments prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to those sites. This parcel-level inventory of sites with near-term residential development potential has been prepared in support of the City’s efforts to update its Housing Element.
The City’s fair share for the planning period between October 2021 and October 2029 was established by SCAG at 997 units divided into four income groups as shown in Table A. That housing needs allocation was based on projected household growth and the resulting need for construction of additional housing units allocated over an 8-year planning period (2021–2029).
Table A: City of Laguna Woods Housing Needs Allocation (2021–2029) Income Level Percent of Area MFI No. of Units
Very Low 0–50% 127
Low 51–80% 136
Moderate 81–120% 192
Above Moderate >120% 542
Total 997
Source: SCAG 6th Cycle Final RHNA Allocation Plan (approved by HCD on March 22, 2021).
HCD = California Department of Housing and Community Development MFI = median family income
RHNA = Regional Housing Needs Assessment
SCAG = Southern California Association of Governments
It should be noted that the City’s housing needs allocation for the 2021–2019 planning period (997 units) is substantially higher than its allocation during the previous planning period (2 units).
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C - 3
2.1 ASSEMBLY BILL 1397
Pursuant to Assembly Bill (AB) 1397, cities must determine if more than 50 percent of the lowerincome RHNA would be accommodated on nonvacant sites. When a city relies on nonvacant sites to accommodate 50 percent or more of its housing need for lower-income households, the methodology used to determine additional development potential must demonstrate that the existing use identified does not constitute an impediment to additional residential development during the period covered by the Housing Element. An existing use is presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period (Government Code Section 65583.2(g)(2)).
2.2 ASSEMBLY BILL 686
Pursuant to AB 686, for Housing Elements due on or after January 1, 2021, sites must be identified throughout the community in a manner that affirmatively furthers fair housing opportunities (Government Code Section 65583(c)(10)). According to Government Code Section 8899.50(a)(1), affirmatively furthering fair housing means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity; replacing segregated living patterns with truly integrated and balanced living patterns; transforming racially and ethnically concentrated areas of poverty into areas of opportunity; and fostering and maintaining compliance with civil rights and fair housing laws. For purposes of this Housing Sites Inventory and Analysis, this means that the sites identified to accommodate the lower-income need must not be concentrated in low-resourced areas (areas that lack access to high-performing schools, are not close to jobs, and/or are disproportionately exposed to pollution or other health impacts) or areas of segregation and concentrations of poverty. Instead, the sites identified to accommodate the lower-income need must be distributed throughout the community in a manner that affirmatively furthers fair housing.
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - 4
3.0 OVERVIEW OF POTENTIAL HOUSING SITES
The City has identified 17 potential sites that appear to be viable for near-term housing development that would help the City meet its RHNA requirements. Table B provides a brief description of each site and its corresponding Assessor’s Parcel Numbers (APNs), along with a description of the existing uses on each site, the surrounding land uses, the parcel size, and the existing General Plan land use and zoning designations on each site. The 17 sites are distributed throughout the community as shown in Figure 1, Housing Sites Key Map.
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C ‐ 5
Table B: Site Descriptions
Site Description/APN Existing Uses/Background Information Surrounding Uses Vacant? Parcel Size Current
General Plan
Land Use
Designation
Current Zoning
1 Town Centre Vacant
Lot(APN 616‐012‐29)
Undeveloped.
Site slopes downward from
north to south, with most of
the developable area on this
parcel being 30 to 50 feet
above El Toro Road.
North: El Toro Water District
facility—water well property
(one‐story structures and water
tanks)
Yes 1.8 ac Commercial Community
Commercial
East: Laguna Hills Animal Hospitaland Laguna Woods Self Storage (one‐ and two‐story structures)
South: Laguna Woods Village
water detention basin—vacant
property
West: Medical office building
within Town Centre (three‐story
structure)
2 Pacific Hills Calvary
Chapel Parking Lot
(APN 621‐131‐38)
Currently developed as a surface
parking lot for the adjacent
Pacific Hills Calvary Chapel in
neighboring Aliso Viejo.
North: vacant land, Laguna
Country United Methodist Church
(one‐story structures)
No 0.696 ac Commercial Professional &
AdministrativeOffice
East: Laguna Country United
Methodist Church, Pacific HillsCalvary Chapel (in Aliso Viejo) (all one‐story structures)South: vacant land, Pacific Hills
Calvary Chapel (in Aliso Viejo) (all
one‐story structures)
PROPOSED
West: vacant land
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A U G UST 2023
Exhibit C - 6
Table B: Site Descriptions
Site Description/APN Existing Uses/Background
Information Surrounding Uses Vacant? Parcel Size
Current
General Plan
Land Use
Designation
Current Zoning
3 Rossmoor Electric
(APN 621-131-21)
Currently developed as a
commercial use with a small
number of office and storage
uses.
North: grocery and commercial
(one- and two-story structures)
No 1.232 ac Commercial Community
Commercial
East: Saddleback Golf Cars (onestory structures)
South: Laguna Woods Village
community garden center
West: Equestrian Center (oneand two-story structures)
4 Saddleback Golf Cars
(APN 621-131-26)
Currently developed as a
commercial use with
neighborhood electric vehicle
and golf cart sales and repair.
North: grocery and commercial
(one- and two-story structures)
No 1.235 ac Commercial Community
Commercial
East: vacant land
South: vacant land
West: Rossmoor Electric (onestory structures)
5 Laguna Woods Self
Storage (APN 616-
012-19)
Currently developed as a
commercial use with
approximately eight single story
structures used for individual
storage.
North: Laguna Woods Village golf
course
No 5.249 ac Commercial Community
Commercial
East: Animal Hospital and
commercial center (one-and-twostory structures)
South: water storage
West: City Center Park
6 Animal Hospital
(APN 616-012-03)
Currently developed as a
commercial use with an animal
hospital.
North: Laguna Woods Self
Storage (one-story structures)
No 0.76 ac Commercial Community
Commercial
East: gas station (one-and-twostory structures)
South: Equestrian Center (oneand two-story structures) West: vacant land
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C ‐ 7
Table B: Site Descriptions
Site Description/APN Existing Uses/Background Information Surrounding Uses Vacant? Parcel Size Current
General Plan
Land Use
Designation
Current Zoning
7 PS Business Park
(excludes Jack in the
Box) (APN 616‐021‐
30)
Currently developed as a
commercial use with a self‐
storage facility and small
shopping center.
North: open space (in LakeForest)
No 2.867 ac Commercial Community
Commercial
East: Laguna Woods Village golf
course
South: Laguna Woods Village golf
course
West: fast‐food restaurant (one‐
story structure)
8 Smart Parke (APN
621‐211‐09)
Currently developed as a
commercial use with a petboarding facility.
North: grocery and commercial
(one‐and‐two story structures)
No 2.373 ac Commercial Community
Commercial
East: Home Depot center (one‐and two‐story structures)South: Laguna Woods Village golf course
West: The Regency Apartment
Homes (one‐to‐three‐story
structures)
9 McCormick & Son
Mortuary (APN 621‐
091‐016)
Currently developed as a
commercial use with a mortuary
facility.
North: medical offices (three‐
story structures)
No 1.411 ac Commercial Community
Commercial
East: single family residences
(one‐ and two‐story structures)
South: residential (four‐storystructures)West: multifamily residential (in
PROPOSED
Aliso Viejo) (four‐story structures)
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A U G UST 2023
Exhibit C - 8
Table B: Site Descriptions
Site Description/APN Existing Uses/Background
Information Surrounding Uses Vacant? Parcel Size
Current
General Plan
Land Use
Designation
Current Zoning
10 Lutheran Church of
the Cross (APN 616-
041-01)
Currently developed as a church. North: Laguna Woods Village residences (three-story
structures)
No 3.028 ac Community
Facilities
Community
Facilities—
Private
East: Laguna Woods Village
residences (one- and two-story
structures)
South: Saint Nicholas Catholic
Church (one- and two-story
structures)
West: Laguna Woods Village Golf
Course
11 Geneva Presbyterian
Church (APNs 616-
191-05 & 616-191-
06)
Both parcels are currently
developed as a church.
North: Laguna Woods Village
residences (one-story structures)
No 3.955 ac1 Community
Facilities (both
parcels)
Community
Facilities—
Private (both
parcels)
East: Calle Sonora/office building
within Town Centre (three-story
structure)
South: Whispering Fountains
Apartments and residences (in
Aliso Viejo) (one-, two-, and
three-story structures)
West: Laguna Woods Village
residences (one-story structures)
12 Saint Nicholas
Catholic Church (APN
621-121-11)
Currently developed as a church. North: Lutheran Church of the Cross (one- and two-story
structures)
No 4.596 ac Community
Facilities
Community
Facilities—
Private
East: Laguna Woods Village
residences (one- and two-story
structures)
South: Laguna Woods Village
residences (one-story structures)
West: Willow Tree Center and
Laguna Woods Village residences
(one- and two-story structures)
PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C ‐ 9
Table B: Site Descriptions
Site Description/APN Existing Uses/Background Information Surrounding Uses Vacant? Parcel Size Current
General Plan
Land Use
Designation
Current Zoning
13 Temple Judea
(APN 621‐121‐18)
Currently developed as a temple. North: Laguna Country United Methodist Church and Laguna
Woods Village residences (one‐
story structures)
No 1.757 ac Community
Facilities
Community
Facilities—Private
East: Laguna Woods Village
residences (one‐story structures)
South: Laguna Woods Village
residences and various churches
(in Aliso Viejo) (one‐story
structures)
West: Laguna Country United
Methodist Church and various
churches (in Aliso Viejo) (one‐
story structures)
14 Laguna Country
United MethodistChurch(APN 621‐121‐23)
Currently developed as a church. North: Willow Tree Center and Laguna Woods Village residences
(one‐story structures)
No 3.899 ac Community
Facilities
CommunityFacilities—Private
East: Temple Judea and LagunaWoods Village residences (one‐ story structures)
South: Temple Judea and various
churches (in Aliso Viejo) (one‐
story structures)
West: parking lot for Pacific Hills
Calvary Chapel, Laguna WoodsVillage vacant land, Willow Tree Center, Laguna Woods Villageresidences (one‐story structures
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A U G UST 2023
Exhibit C - 10
Table B: Site Descriptions
Site Description/APN Existing Uses/Background
Information Surrounding Uses Vacant? Parcel Size
Current
General Plan
Land Use
Designation
Current Zoning
15 Medical Building in
Town Centre
(APN 616-012-24)
Currently developed as a
commercial use with office uses.
North: Town Center (three-story
structure)
No 2.69 ac Commercial Professional &
Administrative
East: vacant land Office
South: Home Depot shopping
center and Laguna Woods Village
water detention basin (one-story
structures)
West: Town Centre (one- and
three-story structures)
16 Willow Tree Center
East
(APN 621-121-30)
Currently developed as a
commercial use with retail, a
restaurant, and an adult day
services facility.
North: Laguna Woods Village Golf
Course
No 3.095 ac Commercial Community
Commercial
East: medical buildings (four-story
structures)
South: Residential Community
(one- and two-story structures)
West: Community Commercial
(Town Centre) (one- and twostory structures)
17 Helm Center
(APN 621-091-15)
Currently developed as a
commercial use with office uses.
North: Laguna Woods Village
residences (one- and two-story
structures)
No 0.65 ac Commercial Professional &
Administrative
Office
East: Laguna Woods Village
residences (one- and two-story
structures)
South: McCormick & Son
Mortuary (one-story structures)
West: The Wellington (in Aliso
Viejo) (four-story structures)
1 APN 616-191-05 is 0.5 acre and APN 616-191-06 is 3.455 acres. The total acreage of both parcels is 3.955. ac = acre(s)
APN = Assessor’s Parcel Number
County = County of Orange
PROPOSED
Service Layer Credits:
") ")
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LAGUNA HILLS DR
M
O
ULTO
N
P
KWY
EL TORO RD
EL TORO RD
M
O
ULTON PKWY
RIDGE ROUTE DR
SANTA MARIA AV
MOULTON PKWY
§¨¦5
AVENIDA SEVILLA
AVENIDA MAJORCA
VIA PUERTA
AVENIDA SOSIEGA
ALISO CREEK RD
GLENWOOD DR
ROCKFIELD BLVD
MUIRLANDS BLVD
VIA CARRIZO
CALLE ARAGON
LOS ALISOS BLVD
EL TORO RD
11 1
10 2 13
14 12
16 3
5 6
7 9
4 8
15 17
SOURCE: Google Maps (2020)
I:\LWD2101\GIS\MXD\Key_Map.mxd (10/27/2021)
FIGURE 1
City of Laguna Woods
2021-2029 Housing Element Update
Housing Sites Key Map
LEGEND
") Housing Site (with Site ID#)
City of Laguna Woods
Laguna Woods Village
0 1000 2000
FEET
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - 12
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PROPOSED
A UGUST 2023 HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
Exhibit C - 13
4.0 METHODOLOGY USED TO IDENTIFY SITES
Given the predominantly built-out nature of Laguna Woods, there is very little undeveloped land that is able to accommodate new development. The majority of Laguna Woods is comprised of private communities that are restricted to adults aged 55 and older. Most of the limited amount of vacant land that exists within Laguna Woods consists of publicly owned open space properties that are subject to conservation easements or deed restrictions that prohibit housing development.
Properties presently designated as open space were excluded from consideration when the presence of deed restrictions preclude potential future housing development. The Laguna Laurel property at the western end of Santa Maria Avenue is subject to a conservation easement that expressly prohibits the construction of housing. Woods End Wilderness Preserve is subject to a deed restriction that prohibits use inconsistent with “nonvehicular public access into the Laguna Coast Wilderness Park and natural resource protection and restoration.” Woods End Wilderness Preserve is also leased to the County of Orange for inclusion in the Laguna Coast Wilderness Park through February 28, 2047.
City-owned sites were screened for potential inclusion in this analysis; however, due to the City’s extremely limited property ownership, none were included. The City Hall/Public Library site was excluded due to the current construction of a new library building and expanded outdoor gathering and activity spaces. Both the City Centre Park and Woods End Wilderness Preserve sites are subject to state grant-related deed restrictions. The property at Santa Vittoria Drive/San Remo Drive is 0.32 acre, which is presumed inadequate to accommodate lower income housing per State housing law.
Approximately 2.7 square miles of Laguna Woods’ overall 3.3 square miles is occupied by Laguna Woods Village (formerly known as Leisure World), a private gated community for people aged 55 and older. Figure 1, Housing Sites Key Map, shows the portions of Laguna Woods that are within Laguna Woods Village. Over 15,000 residents live in the 12,736 units within Laguna Woods Village, which include condominiums, cooperatives (“co-ops”), and single-family homes. While there are several properties that are perceived as vacant within Laguna Woods Village, none of those properties meet HCD’s definition of a vacant property as set forth in the “Housing Element Site Inventory Guidebook Government Code Section 65583.2” published June 10, 2020, and the production of new housing within Laguna Woods Village faces several challenges. There are income requirements and age restrictions for residents to become members of and live within the community, and the ability to build housing on, or unilaterally sell/lease, any land held in trust by the Golden Rain Foundation for the benefit of the residents of Laguna Woods Village is restricted by applicable governing documents. Each of the perceived vacant sites within Laguna Woods Village was also redesignated/rezoned in 2015 as open space at the request of the property owner (Golden Rain Foundation); prior to that action, those sites were designated/zoned for residential and commercial use. The City has discussed its new housing needs allocation and the Housing Element update process with Laguna Woods Village management staff (Village Management Services, Inc.) and has received no indication that the Golden Rain Foundation or any other Laguna Woods Village governing board is interested in pursuing new housing development. Due to a lack of evidence indicating a likelihood of redevelopment, properties located within, or owned by parties exclusively affiliated with Laguna Woods Village, were excluded from consideration.
PROPOSED
HOUSING S ITES INVENTORY AND A NALYSIS
L AGUNA WOODS , C ALIFORNIA
A UGUST 2023
Exhibit C - 14
The properties upon which Home Depot is located were excluded from consideration, consistent with HCD’s “Housing Element Site Inventory Guidebook Government Code Section 65583.2” published June 10, 2020, that references an “active Home Depot” as an example of an existing use that is “unlikely to be available for residential development within the planning period.” Sites were included in this analysis because they met one or more of the following criteria:
• Site is Presently Vacant – After excluding open space properties with deed restrictions that preclude potential future housing development, properties of a size presumed inadequate to accommodate lower income housing per State housing law, and properties perceived as vacant but failing to meet HCD’s definition of a vacant property, only one presently vacant property remained (Site 1).
• Site is Presently Structureless – After excluding open space properties with deed restrictions that preclude potential future housing development, properties of a size presumed inadequate to accommodate lower income housing per State housing law, and properties located within, or owned by parties exclusively affiliated with Laguna Woods Village, only one presently structureless property remained (Site 2).
• Previous Expression of Housing Development Interest – Sites where interest in housing development has been previously expressed were included. In 2014, the property owner’s agent expressed interest in redeveloping the Willow Tree Center East property (Site 16). In 2017, the property owner and a housing developer expressed interest in the Laguna Country United Methodist Church property (Site 14).
• Synergy with Place of Worship – Based, in part, on previous interest in the Laguna Country United Methodist Church site (Site 14), parcel sizes, proximity to public transit, mission compatibility1
, and membership-related trends, other sites presently used as places of worship were included (Sites 2 and 10–14).
• Viable Commercial Site – Based, in part, on previous interest in the Willow Tree Center East site (Site 16), parcel sizes, and proximity to public transit, other commercial sites were included (Sites 3–9 and 15–17). An emphasis was placed on identifying commercial sites with:
○ Frequent or long-term vacancies
■ As evidenced by real estate marketing.
■ Indicates that demand for commercial uses at that location is low, signaling a potential for redevelopment.
1 California State Senator Scott Wiener. 2020. "Senator Wiener Introduces Housing Legislation to Allow Churches and Other Charitable Institutions to Build Affordable Housing on Their Property." Website:
https://sd11.senate.ca.gov/news/20200306-senator-wiener-introduces-housing-legislation-allowchurches-and-other-charitable#:~:text=Churches%20and%20other%20religious%20and,in%20order% 20to%20do%20so.%E2%80%9D (accessed July 11, 2021).